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Full text of "Israel's laws and legal precedents"

Digitized by the Internet Archive 
in 2013 



http://archive.org/details/israelslawslegaOOkent 



for 

^"■- Israel's 



Laws and Legal Precedents 



BY 

CHARLES FOSTER KENT, Ph.D. 

WOOLSEY PROFESSOR OF BIBLICAL LITERATURE IN YALE UNIVERSITY 



WITH PLANS AND DIAGRAMS 




HODDER AND STOUGHTON 
LONDON MCMVII 



Copyright, 1907, by Charles Scribner's Sons, for Great Britain and the 
United States of America, 




53 



Ube StuOent's ©10 Testament 



ISRAELS 
LAWS AND LEGAL PRECEDENTS 



B.C. 
1200 



1100 
1000 

900 
850 

800 
750 

700 
050 
600 

550 

500 

450 
400 
350 



GROWTH AND APPROXIMATE DATES OF THft 



About 1200 Exodus from Egypt. 
1150-1100 Settlement of Canaan. 



PROPHETIC TEA( lHXf 

•* HI 1 T. - 



1030 Establishment of Saul's Kingdom. 
lOlODavid's Coronation at Hebron. 



M 



DECALOGUE 

OF THE 

TWO TABLETS 

I 



E 

M 



-cr 



975 Solomon's Coronation. 
90") Completion of the Temple. 
937 Division of the Hebrew Empire. 



N 



1 E u 

L E S 

decalogues 

(Ex.30-3-26,\ 2221- 2319) 



8T5-S50Work of Elijah. 

854 839 Campaigns of Shalmaneser II. 



JUDEAN 



850-705 Work of Elisha. 

S 12 Jehu's Tribute to Shalmaneser II. 

810 Joash's Tribute to Hazael. 



VERSION 
(Ex.34) 



\ 

EPHRAIMITE BOOkN 



~~^\ CEx35? 

PRIMITIVE COPES 



1 81 -740 Reign of Jeroboam II. 
r50 -740 Preaching of Amos. 



7\ 



745-736Work of Hosea. 
737 690 Work of Isaiah. 
722 721 Capture of Samaria. 



DECISIONS 
OF 



J 



G8G-G41Reactionary Reign of Manasseh. 
G63 Ashurbanipal's Capture of Thebes. 



LATER 

ju: 



qGES 



\ 



/ \- 

/ PROPHETIC 
/ DECALOGUE 
/ (Ex.20^n,--' 



-1 



Earlier Sermons of Zephaniah and Jeremiah. 
02 1 Great Reformation of Josiah. 



x" 1 * "^ ^ 

LAW BOOK Ni OF JOSIAH 
CDt. 12-19,26) 



Dt. 5-11. s 



597 The First Captivity. Work of Ezekiel. 

58GThe Final Captivity. 

560 Expulsion of Foreigners from Egypt. 



DEUTERONOMIC CODES 

(Book of Dt.T~~" — — — 



533 Capture of Babylon by Cyrus. 
520 516 Rebuilding of the Temple. 
520 516 Reorganization of Persian Empire. 



lOOBattle of Marathon. 

ISO Battles of Thermopylae and Salamis. 

470 Expulsion of Persians from Europe. 



4 15 Rebuilding the Walls of Jerusalem. 
l;}2Nehemiah's Second Visit. 



100 Adoption of the Priestly Law by the Judean 
Community. 



PROBABLY CURRENT ONLY IN OUAL FORM 



EXPLANATION 
KNOWN IN 



ESTAMENT LAWS AND LEGAL PRECEDENTS 



-M S E S OBAL DECISIONS 

s 



DECISIONS 

OF 

LATE KLUDGES 



decalogues/ 



\ 



JUDGMENTS 
(Ex.21 1 ; 22 2<0 



/ 



:v 



CUSTOMS 



S 



0VENANT 



\z 



LCHINGS 



JUDEAN 
CIVIL 



OF THE 



SALEM 



AMOS 
FIOSEA 

:saiaii 

I IICAH 

/ \ " 

\ 
\ 
_j 



AND 

RELIGIOUS 

DECALOGUES 



T E M- 
PLE 



\ 



\ 



v,^- 



■^ 









\ 



— EZEKIEL'S CODE 

(Ezek.40-48) 



[)LINESS CODE \ _v-- 

PRIESTLY \ 
\ DIRECTIONS \ 
\ (Lev. 1-3, 5-7, 11-15 \ 



(Lev.17-26) 

\ 



\ Nu.5,6.15,19 1422 ) \ 
\ \ \ ' 



PRIESTLY 



CUSTOMS 
AND 



\ 



X 



TRADITIONS 






/ \ 

/ \ 



\i 



/xx PRIESTLY 
/ \GROUNDWORK 

/— PRIESTLY CODES 

7 



SITPPLEMENTAL^PRIESTLY CODES 



?E AND COLOR: 

rEN FORM. 



IMPORTANT CODES 



PREFACE 

The Torah represents the first edition of the Old Testament, and in 
the life and thought of Judaism it has always retained that first place. 
In the reaction from this extreme emphasis upon the law, Christianity 
has perhaps underestimated the permanent value of the Old Testament 
legal literature. In rejecting that which is only national and temporal, 
it has also overlooked much that is vital and eternal. Law and prophecy 
are not antithetic, as is sometimes imagined, but rather different expres- 
sions of the same divine revelation, the one through the life and institu- 
tions of the nation, the other through the experience and minds of certain 
divinely enlightened men. The prophets proclaimed the principles which 
the lawgivers applied practically and concretely to the needs of their day 
and race. Both labored in their characteristic way to realize the will of 
God in the life of the nation and individual; but the lawgivers were in 
closest touch with that life and therefore in their writings picture it most 
concretely and vividly. 

That inner history, however, is almost completely obscured by the con- 
fused order in which the laws at present are found. Civil and ceremonial, 
criminal and humane, secular and religious, ancient and late laws and 
legal precedents are all mingled together, with little trace of systematic 
classification. The one who seeks to read or study them is constantly 
distracted, as in the book of Proverbs, by the sudden transitions; if he 
desires to determine the teaching of the Old Testament on a given theme, 
it is only after the most laborious research that he is able to bring similar 
laws together. Even when this preliminary work has been done, the result 
is often perplexing, for many of the laws contradict each other. 

The present confused order is the inevitable result of the complex 
process of collecting, editing and supplementing through which each of 
the legal books has passed. The laws of many ancient and modern 
nations present close analogies. Since law through gradual growth is 
adapted to the varying needs of succeeding generations, there is an inevi- 
table lack of order unless the whole body of enactments is frequently and 
thoroughly codified. 

The first requisite, therefore, if the Old Testament legal literature is to 
be studied intelligently and profitably, is that similar laws be grouped 
together, and then that those in each resulting group be arranged in their 
chronological order. For practical purposes it is important that all the 
regulations relating to a given subject be reproduced, even at the cost of 
occasional repetitions. It is also desirable to follow, as far as it can be 
discovered, the original Hebrew order of classification. In Exodus 21 1 - 
23 19 , which contains the oldest collection of laws in the Old Testament, 



PREFACE 

there is evidence of careful arrangement (cf. p. 27 and Appendix II). It 
is in general: (l) personal and family laws; (2) criminal laws, comprising 
injuries to persons, property, and society; (3) humane laws, emphasizing 
the duty of kindness to animals and men; (4) religious laws, defining obli- 
gations to God; and (5) ceremonial laws, containing minute directions 
regarding worship and the ritual. Inasmuch as this order is both logical 
and in general accord with the relative historical development of these 
different groups of laws, it has been followed in the system of classification 
adopted in the present volume. The minor sub-divisions are determined 
by the nature of the laws themselves and the modern principles of legal 
codification. The laws within each section are also arranged in their 
chronological order, so that the history and development of each Israel- 
itish law and institution can be readily followed from their earliest to their 
latest stages. Nowhere in all legal literature can the genesis and growth 
of primitive law be traced so clearly as in Israel's codes thus restored. 
They also represent the most important corner-stones of our modern 
English laws and institutions and therefore challenge and richly reward 
the study of all legal and historical students. 

The Old Testament laws, arranged in their chronological order, reveal 
the deeper currents and forces in the life of ancient Israel of which the 
external events in that remarkable history were but the effect. In each 
successive code the presence and power of God can be clearly recognized. 
Through that divine influence, customs, originally very rude and bar- 
barous, are gradually transformed and ennobled, until they worthily 
express and effectively enforce the eternal standards of justice and love 
and mercy. It is also because these laws reveal Israel's and therefore 
humanity's faith and ethics in the making that they possess a great and 
permanent value. Each succeeding lawgiver, as did the great Teacher of 
Nazareth (cf. Mt. 5 17, 21 ~ 48 ), felt under obligation to revise and bring to 
more perfect expression the divine ideals constantly revealed in fuller 
measure to each succeeding generation. 

My great debt to the scholars who have contributed richly to our knowl- 
edge on the many subjects considered in this volume is suggested in the 
list of detailed references in Appendix I. The translations of the laws of 
Hammurabi are from Johns' Babylonian and Assyrian Laws, Contracts 
and Letters — a work with which all students of Israel's laws should be 
acquainted. Again I am under great obligation to the members of my 
Biblical and Hebrew seminars for many valuable suggestions, and espe- 
cially to the Reverend Roy Mac Houghton in connection with the work 
of codification, to Mr. Darwin Ashley Leavitt for collaboration in the trans- 
lation of the priestly laws, and to the Reverend Morgan Millar for aid in 
revising the copy. 

C. F. K. 

Yale University, 
May, 1907. 



CONTENTS AND CLASSIFICATION 



I. 

ii. 

ii. 

[V. 
V. 



INTRODUCTION 

THE HISTORY OF ISRAEL'S LAWS AND LEGAL PRECEDENTS 

PAGE 

The Babylonian Background of Israel's Laws 3 

The Origin and Growth of Israelitish Law 8 

The Primitive Hebrew Codes 16 

The Deuteronomic Codes 31 

ezekiel and the holiness code 36 

The Priestly Codes 43 



PERSONAL AND FAMILY LAWS 



PERSONAL RE- 




Classification of 


the Codes 




LATION AND 


Primitive 


Deutero- 


Holiness 


Priestly 


Supple- 


CONDITION. 




nomic 






mental 


Parents and Chil- 










Priestly 


dren. 












§ 1. Honor and 












Obedience Due 












Parents 


Ex. 21 15 - 


Dt. 5 16 , 21 


Lev. 19 3a > 








17 


18-21 27 

16 [Ex. 20 

12]* 


20 9 






§ 2. Authority of 












Father over 












Unmarried 












Daughter 










Nu. 30 3 - 5 


. The Marriage 












Relation. 












§ 3. Relatives be- 












tween Whom 












Marriage is Il- 












legitimate .... 





Dt. 22 30 , 
2720,22,23 


Lev. 18 6 - 

18, 23, 24 






§4. Marriage 












with a Captive 




Dt. 21 10 14 









PAGE 

51 



52 



53 
54 



* References in brackets represent duplicate passages not reproduced in text; those in parentheses are to later 
idditions to earlier codes. 

vii 



CONTENTS AND CLASSIFICATION 



II. 



The Marriage 

Relation — Cont'd. 

§5. Marriage 

with Aliens . . . 



§6. Marriage 
of Priests 



§7. Marriage 
after Seduction 

§8. Levirate 
Marriage 

§ 9. Authority of 
a Husband over 
His Wife 



10. The Test of 
a Wife's Chas- 
tity and the 
Penalty for Un- 
chastity 



§11. Laws of Di- 
vorce 



III. Masters and 
Hired Servants. 
§ 12. Rights of 

Hired Servants 

IV. Slaves and 
Masters. 

§ 13. Enslave- 
ment of Israel- 
ites and Resi- 
dent Aliens. . . 



14. Permanent 
Slavery 



Classification of 



Primitive 



Ex. 22 16 



Gen. 2 18 > 

23.24, Ex . 



Ex. 21 5 6 



Deutero- 
nomic 



Ex. 34 12a ' 
16. 16 , Dt. 

7 l-4 



Dt. 2228,29 

Dt. 25 5 ' 10 



Dt. 22 13 21 



Dt. 22 18 

19, 28, 29, 
24 1 - 4 . . ' 



Dt. 24 14 

15 



Dt. 15 16 ' 17 
viii 



Holiness 



Lev. 21 7 

13-15 



Lev.l9 13b , 

25 6 ,22 10b 



Lev. 25 

39, 40a, 43 



the Codes 
Priestly 



Nu. 25 6 " 13 



Supple- 
mental 
Priestly 



Nu. 30 6 8 

13-15 



Nu. 5 29 - 

13b, 30a, 
14b ,30b, 16, 
17, 19, 20, 
22,25,26b, 
27a, 28 



Lev. 25 

44-46 



PAGE 
54 



61 



CONTENTS AND CLASSIFICATION 



Slaves and 

Masters — Cont 'd . 

§15. Sale of 
Slaves 

§16. Manumis- 
sion of Israel- 
itish Slaves . . . 

§17. Redemption 
of Israelitish 
Slaves 



§ 18. Reception 
of Fugit i ve 
Slaves 

§19. Penalty for 
Injury Done to 
Slaves 



Classification of the Codes 
Primitive Deutero- Holiness Priestly 



Ex. 21 7 8 



Ex. 21 2 - 4 

26, 27 



§ 20. Reparation 
for Injury Done 
to Slaves 

§ 21. Religious 
Privileges of 
Slaves 



Aliens. 

§ 22. Rights and 
Duties of Resi- 
dent Aliens . . . 



§ 23. Limitations 
and Rights of 
Foreigners 

RIGHTS OF 
PROPERTY. 

§ 24. Restoration 
of Lost Prop- 
erty 



Ex. 31 20 - 

21, 26, 27 



Ex. 21 32 



Ex. 22 21 . 
[23 9 ] 



Ex. 23 4 5 Dt. 22 1 4 



Dt. 15 12 " 

15, 18 



Dt. 33 15 ' 16 



Dt. 12 17 > 

18 , 16 10 . 
n 



Dt. 24 14 » 

17, 18 ^16 
37 19 ' 



Dt. 15 3a , 

23 20a , 14 
21a, c 



Lev. 25 47 - 

48a, 53 s 
19 33, 34a^ 

34 22 



Ex. 12 43b - 

44 



Nu. 15 

29, 30, 35 

15 , 15 14 " 

16 9I4 



Ex. 12 43 



Supple- 
mental 
Priestly 



Lev. 25 10 



Lev. 25 

47-55 



PAGE 

62 



62 



63 



64 



65 



66 



67 



68 



CONTENTS AND CLASSIFICATION 



VI. 



§25. Reparation 
for Damage or 
Loss of Prop- 
erty 

§ 26. Theory of 
the Ownership 
of Land 

§27. Conveyance 
of Real Prop- 
erty 

§28. Redemption 
of Hereditary 
Land 

§ 29. Revision of 
Hereditary 
Land 

Rights of In- 
heritance. 
§ 30. The Law of 
Primogeniture . 

§ 31. Rights of 
Daughters to 
Inherit 

§32. Heiress to 
Marry Within 
Her Own Tribe 


Primitive 
Ex. 2133, 

34, 22 5 ' 6 , 
2J28-32, 

35, 36 f 22 
14, 15,7,8, 
10-13, 9 


Clcu 
Deutero- 
nomic 

Dt. 21 i5 - 
1 7 , 25 5 6 


isification 0} 
Holiness 

Lev. 24 i8 ' 

21a 


the Codes 
Priestly 

Lev. 6 1 " 5 . 


Supple- 
mental 
Priestly 

Lev. 25 23 
Lev. 25 15 

16, 34 

Lev. 25 24 ~ 

27, 29-32 

Lev. 25 13 - 

28b, 31b, 

33[Nu.36 

3 ' 4 ] 

Nu. 27 1 - 11 
Nu. 36i" 12 



CONTENTS AND CLASSIFICATION 



CONSTITUTIONAL LAWS 



A. POLITICAL OR- 
GANIZATION. 
§ 33. Qualifica- 
tions for Citi- 
zenship 

§ 34. The Census 

§ 35. Division of 
the Land 



§ 36. Respect Due 
Rulers 

§ 37. Qualifica- 
tions and Duties 
of the King . . . 

B. MILITARY REG- 
ULATIONS. 
I. Organization of 
the Army. 
§ 38. Legal Age 
of Service 



§39. Exemptions 
from Military 
Service 



§ 40. Minor Offi- 
cers 



II 



Regulations Gov- 
erning the Army 
in the Field. 
§ 41. Cleanliness 

of the Camp. . 
§ 42. Manner of 

Attack 



§ 43. Division of 
the Booty 



Classification of the Codes 



Primitive 



Ex. 22 28b 



I Sam. 30 

21-25 



Deutero- 
nomic 



Dt. 23 18 



Josh. 18 2 " 

10 



Dt. 17 14 " 20 



Dt. 20 la - 

5-7, 34 5 

Dt. 20 9 ,11 

la, 13-15 



Dt. 23 9 14 
Dt. 20 1 " 4 ' 

10-12 



Holiness 



Priestly 



Nu. 26 2a - 

3a fj2, 31 



Nu. 10 9 



Supple- 
mental 
Priestly 



Nu.l 13 , 3 

14, 15 4I-3 

Nu. 26 52 

56 [ 33 54] 



Nu.l 48 ' 49 . 
2 33 



PAGE 

77 



CONTENTS AND CLASSIFICATION 



II. Regulations Gov- 
erning the Army 
in the Field — 
Continued. 
§44. Disposal of 
the Spoils and 
Captives 



C. THE JUDICIARY. 
§ 45. Appoint- 
ment of Judges 
§46. Duties of 
Judges 



§47. The Su- 
preme Court of 
Appeal 

§48. Number of 
Witnesses Re- 
quired to Con- 
vict 



§49. Duties of 
Witnesses 

§ 50. Punishment 
of False Wit- 
nesses 

§51. Execution 
of Judicial Sen- 
tence 



§ 52. Punishment 
for Contempt of 
Court 

§53. Object of 
Cities of Refuge 



Classification of the Codes 



Primitive 



Ex.18 13 - 26 
Ex. S3 6 " 8 



Ex. 23 13 
[20 16 ] 



Ex. 21 12 

14 



Deutero- 
nomic 



Dt. 20 10 ' 

12-18 7I, 
2, 16, 22- 
26, 2 19, 

20 , 21 10 - 14 



Dt. 16 18a . 
Dt. 16 18b " 

20, 1I6, 17, 

27 25 , 25 

1, 2 



Dt. 17 8 " 11 



Dt. 19 15 , 

17 6 

Dt.5 20 ,17 

7 



Dt. 19 16 21 



Dt. 25 2 3 



Dt. 17 12 ' 13 

Dt. 19 1 13 , 

441-43 

xii 



Holiness 

Lev. 19 15 
Lev. 19 16 


Priestly 
Lev. 5 1 . . 


Supple- 
mental 
Priestly 

Nu. 31 la 

2, 3, 7-18, 
21-31 

Nu. 35 30 . 
Nu. 35 9 15 



PAGE 

83 



86 

87 



88 

89 
89 

90 

90 

90 
91 



CONTENTS AND CLASSIFICATION 



D. POPULAR IN- 
STRUCTION IN 
| THE LAW. 

§ 54. Publishing 



the Law 



§ 55. P u b 1 i c 
Reading of the 
Law 



56. Instruction 
of Children 



Primitive 



D enter o- 
nomic 



Dt. 3 7 1 " 4 - 
8 , Josh. 

g30-32 



Classification of the Codes 
Holiness Priestly 



Dt. 31 9 13 
Josh. 8 

33-35 



Dt#6 6-9,20- 
25 [11 18 - 21 1 



Supple- 
mental 
Priestly 



PAGE 

92 



93 



94 



CRIMINAL LAWS 



Crimes against Je- 
hovah. 

§ 57. Worship- 
ping Other 
Gods 



§ 58. Apostasy. 
§ 59. Idolatry . 



60. Sorcery and 
Divination 



Primitive 



Ex. 34 14 , 
22 19 , 23 

13b 



Ex. 34 17 , 

2023b 



Ex. 22 18 



Classification of the Codes 



Deutero- 



Dt. 5 7 , 6 

14, 15,819, 
20,' 30 17, 
18 f n i6, 

17, 26-28 } 

17 2 - 7 [Ex! 

20 3 ] 

Dt. 13 1 " 18 
Dt. 5 8 " 10 

[Ex. 20 4 " 

6 ],Dt. 16 

21, 22, 12 

x - 4 , 7 5 , 27 

15 415-28 



Dt. 18 9 " 14 



Holiness 



Lev. 19 4 , 
26 1 



Lev. 18 3 

24, 30 23, 
27, 1926b, 
31 ,20 6 ... 



Priestly 



Supple- 
mental 
Priestly 



97 
99 

100 



102 



CONTENTS AND CLASSIFICATION 



I. Crimes against Je- 
hovah — Continued 
§ 61. Sacrifice of 
Children to 
Heathen Gods. 

§ 62. Blasphemy. 



63. False Proph- 
ecy 

64. Desecra- 
tion of Sacred 
Things 



65. Labor on 
the Sabbath. . . 



II. Crimes against 
the State. 
§ 66. Bribery 

§ 67. Perverting 
Justice 

§ 68. Perjury 



§ 69. Deliberate 
Defiance of the 
Law 



III. Crimes against 
Morality and 
Decency. 
§ 70. Adultery... 



Primitive 



Ex. 22 28a 



Ex. 34 21 . 
23 12 



Ex. 23 8 . 



Ex. 23 13 

6, 7 



Deutero- 
nomic 



Dt. 12 29 " 31 

18 10a 

Dt. 5 11 

[Ex. 20 7 ] 



Dt. 18 18 " 22 



Classification o] the Codes 
Priestly 



Dt. 5 12 " 15 
[Ex. 20 8 



in 



Dt. 16 19b , 
27 25 .... 



Dt. 16 19a 

20 

Dt. 5 20 
[Ex. 20 
16 ],Dt.l9 

16-21 



Dt.17 12 ' 13 



Holiness 



Lev. 19 12 , 

18 21b , 24 
15b. 16 



Lev. 19 30b 
22 3b 



Lev. 19 3b 

[ 20a ], 26 

2a 



Lev. 19 15 

[35al 

Lev.19 12 . 



Dt. 


5 18 


[Ex. 


20 


14 l 


Dt. 


22 22 " 


24 



Lev. 18 20 . 
20 10 



Lev. 18 21a 
20 2 " 5 .... 



Nu. 18 22 . 



Ex. 35 2 3 



Nu. 

31 



Nu. 5 12b < 

13a, c, 15, 
18, 21, 23, 
24, 26a, 
27b, 31 



Supple- 
mental 
Priestly 



Lev. 24 10 

13,23 



Nu. 3 38b . 
417-20 

Lev. 7 20 < 

21 



Ex. 31 13b 
17 ,Nu.l5 

32-36 



PAGE 
103 

104 



104 



105 



105 



107 



107 
108 



108 



109 



CONTENTS AND CLASSIFICATION 



Crimes against 
Morality and 
Decency — Cont'd. 
§ 71. Illicit In- 
tercourse 



§ 72. Unlawful 
Marriage 



§ 73. Sodomy.. . . 
§ 74. Bestiality .. 

§ 75. Prostitution 

§76. Indecent 
Assault 

§ 77. Interchange 
of the Dress of 
the Sexes 

§ 78. Unnatural 
Mixtures 

§ 79. Kidnapping 

§ 80. Covetous- 
ness 



§ 81. Lying 



V. Crimes against 
the Person. 
§ 82. Dishonor- 
ing Parents 



§ 83. Murder 



84. Assault. . . . 



Classification of the Codes 



Primitive 



Ex.22 19 . 



Ex. 21 16 . 



Ex.21 15 ' 17 



Ex. 21 12 

14, 20, 21 



Ex. 21 15 ' 

18,26,27 



Deutero- 
nomic 



Dt. 22 30 , 
2720,22,23 



Dt. 27 21 



Dt.23 17 18 



Dt.25 11 - 12 



Dt. 22 5 . 



Dt. 22 9 n 
Dt. 24 7 ... 



Dt. 5 21 

[Ex.20 17 ] 



Dt. 5 16 [21 

18 " 21 ,Ex. 
20 12 , 27 

16] 

Dt. 5 17 

[Ex. 20 

13 ], Dt. 
19 n-i3 

Dt.27 24 .. 

xv 



Holiness 



Lev.19 20 



Lev. 18 6 " 
18 , 20 11 ' 

12, 14, 17, 
20,21 

Lev. 18 22 , 
20 13 .... 

Lev. 18 23 " 
25 , 20 15 > 

16, 18 19 5 

20 18 .... 

Lev. 19 29 , 

21 9 



Lev.19 19 . 



Lev. 19 llb 



[Lev. 19 
3a ,20 9 ].. 



Lev. 24 17 - 

21b 



Lev.24 19 



Priestly 



Lev. 19 21 

22 



Supple- 
mental 
Priestly 



Gen. 95. 6 . 



Nu. 35 14 

34 



CONTENTS AND CLASSIFICATION 



IV. Crimes a gainst 
the Person — Con- 
tinued. 

§ 85. Personal In- 
jury 

§ 86. Rape 

§ 87. Seduction.. 

§ 88. Wronging 
the Defenceless 



§ 89. Slander. . . . 

V. Crimes against 
Property. 
§ 90. Theft 



91. Land Steal- 
ing 



92. F a 1 s e 
Weights and 
Measures 



Primitive 



Ex. 21 28 " 

32, 22-25 



Ex.22 16 - 17 



Ex. 22 21a 

[21b] 22 
(23, 24\ 

Ex. 23 la . 



Ex. 22 1 " 4 , 



Deutero- 
nomic 



Classification of the Codes 
Holiness Priestly 



Dt. 22 25 " 27 
Dt. 22 28 

29 



Dt. 24 14a , 
27 18 - 19 



Dt. 5 19 

[Ex. 20 
15 ], Dt. 

23 24 - 25 

Dt. 19 14 , 

27 17 .... 



Dt. 25 13 " 16 



Lev. 19 14 

33 



Lev. 19 16 



Lev. 19 lla 



Lev. 19 35 

37 



Lev. 6 2 - 7 . 



Supple- 
mental 
Priestly 



HUMANE LAWS 



I. Kindness toward Animals. 
§ 93. The Threshing Ox. . 

§ 94. Wild Animals 

§ 95. 1? casts of Burden. . . 

§ 96. The Mother and her 

Young 



11 



Consideration for the 

Unfortunate. 

§ 97. In Taking Pledges . . 

§ 98. Return of Garments 

Taken in Pledge 



Primitive 



Ex.23 11 ... 

Ex.23 12a ' b 

Ex. 34 26b .. 



Classification of the Codes 



Deuteronomic 



Dt. 25 4 



Dt.22 6 7 



Dt. 24 10 - " 
Dt. 24 12 ' 13 



Holiness 



Lev. 25 5 " 



Lev. 22 28 



CONTENTS AND CLASSIFICATION 



Consideration for the 
Unfortunate — Continued 
§ 99. Not to Take a Mill- 
stone in Pledge 

§ 100. Moderation in In- 
flicting the Bastinado . . 
§ 101. Exemption of the 
Relatives of Criminals 

from Punishment 

§ 102. Precautions against 
Accident 



Depend- 



Treatment of 

ent Classes. 

§ 103. Hired Servants. 

§ 104. Slaves 

§ 105. Captives 

§ 106. The Defenceless 

§ 107. The Poor 



Philanthropic Provisions 

for the Needy. 

§108. Leaving the Glean- 
ings 

§ 109. Sharing the Offer- 
ings 

§110. Distribution of the 
Tithe 

§111. Remission of In- 
terest to the Poor 

§112. Rest and Remission 
of all Interest on the 
Seventh Year 

§ 113. Restoration of 
Property and Freedom 
in the Year of Jubilee . . 



Kindly Attitude toward 
Others. 
§ 114. Reverence for the 

Aged 

§ 115. Love for Neighbors 
§ 116. Love for Resident 

Alien 



Primitive 



Classification of the Codes 
Deutcronomic 

Dt. 24 6 

Dt.25 2 3 



Ex. 23 12a * c , 21 2 



Ex. 22 21a ( 21b ) 

22 (23, 24) 

Ex.23 6 



Dt. 24 16 . 
Dt. 22 8 . 



Dt.24 14 ' 15 

Dt.15 1215 

Dt.21 10 " 14 

Dt. 24 17 - 18 , 27 

18, 19 

Dt.15 711 



Ex.22 25 . 



Ex.23 10 ' 11 . 



Ex.23 4 ' 5 . 



Dt.24 19 " 22 . 



Dt. 16". 12 [ 13 ' 

14 ],26 n 

Dt. 14 28 29 , 26 

12, 13 

Dt. 23 19 ' 20 .... 



Dt. 15 110 . . . 



Dt. 10 18b ' 19 



Holiness 



Lev. 19 13b 

Lev. 25 39 ' ^ 43 



Lev. 19 14 
Lev. 25 35 



Lev. 19 9 > 10 [23 

221 



Lev.25 35 " 38 .... 



Lev. 25 1 " 7 ' 20 " 22 

Priestly 
Lev. 25 8 " 16 ' 23 ' 

40b-42 



Holiness 
Lev. 19 32a . . 
Lev. 19 17 18 



PAGE 

125 
125 



125 
125 



126 
126 
127 

127 
127 



128 

129 

129 
130 

131 
132 



133 
133 

133 



xvn 



CONTENTS AND CLASSIFICATION 



LAWS DEFINING OBLIGATIONS TO JEHOVAH 



I. National Obligations. 

§ 117. To Abstain from 
Apostasy and Idolatry . . 



§ 118. To Abstain from 
Heathen Rites 



§ 119. To Abolish Heath- 
en Shrines 



the 



§ 120. To Preserve 
Law 

§ 121. To Study and Re- 
member the Law 



§ 122. To Wear Constant 
Reminders of the Law . . 



§ 123. To Follow its Com- 
mands 



§124. To Make No Heath- 
en Alliances 



§ 125. To Be a Holy Na- 
tion 



II 



Individual Obligations. 
§ 126. Reverence 



Classification of the Codes 



Primitive 



Ex. 34 14 . 17 . 



Ex.22 19 . 



Ex. 34 12 ' 13 , 23 

24, 25a 



Ex. 22 31a . 



Deuteronomic 



Dt.5 7 8 [Ex. 20 

1-5, 28b Dk 5 9, 

10 , 6 14 '' 15 , 27 15 ] 

Dt. 12 29 " 31 , 14 1 
2 [18 9 ] 

Dt. 12 2 3 , 7 5 - 25 



Dt.4 2 



Dt. 6 6 - 7 , 

ri9i 



tl 18a 



Dt. 6 8 9 , 22 12 

[nwb-20] 

Dt#5 l,32,33 )6 l- 
3, 16, 17 7II, 12 
8 1,5-U' 10 12, 13 
Hi, 8, 9, 26-32 ? 

26 16 > 17 , 27 10 ' 
26 , 4 5 - 6 , 30 15 

16 

Ex. 34 12 « 13 [ 15 ' 
!6],23 31b - 33 ,Dt. 
7 1 " 4 



Ex. 19 6a , Dt. 7 6 

[ 14 2, 21c] ^ 18 13 f 
26 18 19 , 28 9 ' 10 



Dt. 5 29 , 6 24 , 8 6 
[4 10 , 6 2, 10 " 13 , 
10 12 20 , 13 14 ,14 
23 , 17 19 , 31 12 . 

131 



Holiness 



Lev. 26 1 



Lev. 18 3 , 19 27 
28 [20 23 ] 



Nu. 15 ( 37 - 38a ) 

38b-41 



Lev. I8 4 . 5 . 26 

19 19a, ZT f 20 8 

22 25 18 - 19 .... 



Lev.l^^e 26 ^] 



Lev. 19 32b [25 

17bl 



PAGE 
137 



137 
138 



139 



139 



139 



140 






142 



143 



144 






CONTENTS AND CLASSIFICATION 



II. Individual Obligations- 
Continued 

§ 127. Gratitude 

§ 128. Loyalty. ... 

§ 129. Obedience 



§ 130. Love. 



§ 131. Service 



Classification of the Codes 



Primitive 



Ex.34 14 



Deuteronomic 
Dt. 6 10 " 12 , 8 10 ' 19 


Holiness 


Ex. 23 13 , Dt. 5 6 




Dt. 6 18 - 19 , 10 14 - 

16 )30 8-10 




Dt. 6 4 5 , 10 12 , 

111. 13-15^ 30 16 
[19, 201 




Ex. 23 25a , Dt. 6 

13, 1 1 2 - 2 ° [11 
13-151 





PAGE 

144 
145 

145 



146 



146 



A. SACRED OBJECTS AND 

SHRINES. 
I. The Ark and Tent of 

Meeting or Dwelling. 

§ 132. The Ark 



II. 



§ 133. The Original Tent 
of Meeting 

§ 134. The Post-Exilic 
Conception of the Tent 
of Meeting or Dwelling. 

§135. Furnishings of the 
Dwelling 



§ 136. Court of the Dwell- 

ing 



Altars and Temples. 
§ 137. Ancient Altars and 

Places of Sacrifice 

§ 138. Solomon's Temple . 



CEREMONIAL LAWS 

Classification o) the Codes 



Primitive 



Nu. 

36 



1033a, c, 35, 



Ex.33 5 " 11 



Ex. 20 24 " 26 .... 

I Kgs. 6 2 " 6 - 8. 9 . 
15-17 (18, 19) ? 20 
(21, 22) ^ 29 (30) 
23a, 26, 23b-25, 27- 
35 

xix 



Deuteronomic 



Dt.lO 1 " 5 ^! 24 " 26 



[Dt.37 5 " 7 i]. 



Priestly 



Ex.25 10 - 22 , 



Ex. 35 1 " 9 , 26 1 " 33 

Ex. 25 23 " 40 , 27 1 
8 [Nu.8 4 ] (Ex 
3017-21. l-6 ? 36 
34-37) 



Ex. 27 9 ' 19 . 



149 
151 
152 

154 
157 

157 
158 



CONTENTS AND CLASSIFICATION 



II 



Altars and Temples — 

Continued 

§ 189. Ornamentations 
and Furnishings of Solo- 
mon's Temple 



Classification of the Codes 



Primitive 



Deuteronomic 



§140. The Later Law of 
the One Sanctuary . . 



Ill 



Ezekiel's Temple Plan. 

* 141. The Outer Gates 
and Court 

* 142. The Inner Court. . . 
p43. The Great Altar. . . 
5 144. The Temple Proper 
§ 145. The Side Chambers 
) 146. Chambers and 

Kitchens for the Priests 

| 147. Sanctity of the 

Temple and Land Con- 



Kgs. 7 13 " 17 ' 

18b, 20b, 18c (19, 
20a) } 21 (22 \ 23- 
29, 30a, 32-39 (H 

Chr. 4 1 ' 7 - 8 ), I 
Kgs. 7 40 " 43 [II 
Chr. 3 1517 , 4 2 
6 8 5 1 , Jer. 52 

21-231 



secrated 
Presence 



by Jehovah's 



B. SACRED OFFICIALS IN 
THE PRE-EXILIC HE- 
BREW STATE. 

§ 148. Call of the Tribe of 

Levi 

§ 149. Duties of the Sons 
of Levi 



§150. Prohibition against 
the L e v i t e s Holding 
Property 



Ex. 3225-29. 
Dt. 33 8a > 10 



Dt. 12 10 - 18 , 16 5 

6 [121-9, 19-21, 26- 
28, 1422-27, 15 
19, 20, 3110, 111 



Dt. 10 8 . 



Dt. 21 6b [18 5 ], 

1 7 8-I3[3i25,26], 

Dt# l 8 la,b,2[i 
91 



Priestly 



Holiness 
Lev. 17 3a ( 3 b), 

4a (4b\ 4c-7a(7b) 



Ezekiel's Code 
Ezek. 40 1 " 27 . . 

4Q28-47a 
4047b, 43 13-27 " 

40 48 -41 4 ' 15b "26 
4l5-15a 



42 1 ' 14 , 46 19 " 24 



42154312 



PAGE 

159 



161 






162 
165 
166 
168 
169 

170 



171 



172 



174 



175 



xx 



CONTENTS AND CLASSIFICATION 



151. Means of Support 
of the Sons of Levi 



152. Slaves of the Sanc- 
tuary 



C. SACRED OFFICIALS IN 

EZEKIEL'S HIERARCHY. 

§ 153. Duties of the Le- 

vites and Priests 

§ 154. Duties of the 
Princes 



§ 155. Apportionment of 
the Land to the Temple, 
Levites, City, Prince, and 
Tribes 



D. THE POST-EXILIC 
HIERARCHY. 

§ 156. Traditions Regard- 
ing the Origin of the 
Hierarchy 



I. The Levites. 

§ 157. Legal Age of Ser- 
vice 

§ 158. Consecration 



§ 159. Duties. 



§160. Property and Means 
of Support 



Classification of the Codes 
Primitive Deuteronomic EzekieVs Code 



Josh. 92 6 ' 2 7a 
( 27b ) 



Holiness 



Dt. 18 la ' c - 3 ' 8 , 

14 22, 23, 27, 12 

19, 1610-u 14 

28, 29 [l^ll, 12, 
17, 181 



Priestly 



Nu. 3 5 " 10 [17 1 " 
n , Ex.28 1 ]... 



Nu. 3 5 " 9 , 18 1 " 6 

[gl5, 24-26] 



NU. 18 21 » 23 « 24 



Ezek. 44 



45 9-17, 21-25, 46 1 
15 



45 1 " 8 ,46 16 - 18 ,47 
[48] 



Supplemental 
Priestly 



(Nu 
Nu. 

22) 

Nu. 

26, 
4 4, 



8 23-26) 
g5-15a (15b 



147-53 325 
29-32, 35-37 
5, 15, 24-33 

I Chr. 23 1 " 5 [ 6 - 

26], 27-32, 25 l-8 



Nu. 31 28 " 30 . 47 , 
35 1 8 , Lev. 25 

29-34 



PAGE 
176 



XXI 



CONTENTS AND CLASSIFICATION 






II. The Priests. 

§ 161. Qualifications 



§ 162. Consecration 



§ 163. Clothing 



164. Ceremonial Clean- 
liness 



§165. Authority over the 
Levites 



§ 166. Duties. 



§167. Means of Support. 



III. The High Priest. 
§ 168. Installation. 



§ 169. Clothing 

§170. Ceremonial Clean- 
liness 

§ 171. Duties 



Classification of the Codes 



loliness 



Lev.21( 16 ' 17a ), 

17b-21a(21b), 21c, 
22a (22b ), 23 (24) 



Lev. 21 ( la ), lb " 
6a (6b) 6c-9 gg 
(1, 2a), 2b (2c) 
2d-9 



Lev. 23- 5 " 18a 

(18b, 19a) , 20 



Lev.21 10 " 15 . 



Priestly 



Ex. 29 14 « 8 " 25 . 

35,36a[ Lev#8 l-6, 

13 " 36 , EX. 30 22 , 
4Ql2, 14-161 

Ex.28 40 ( 41 ), 42 - 
43 [29 8 - 9 , Lev. 
8 13 ] 

Lev.10 8 9 



NU. 35,6,9 >18 l f 

2a 427 _ 

Lev. 10 8a ' 10 - n , 

Nu. 18 5 ' 7a , 
Lev.2!. 2 [9. 14 - 

16 J 
Nu. 18 20 , Lev. 

7II-I4 (28, 29a) , 
29b-33 (34) 35, 36 
[37], 10 14' (15), 

Ex.29 27 - 28 ,Nu. 
I8 9 . 10 [Lev. 6 

24-26 7I-7 5II- 
13]0l4-16a(16b) ) 
17a' (17b) ,17c, 18a 
(18b), 18c, Nu . 6 
19, 20 ig25-32 5 
9,10 jgll.14,19 

15 20 ' », 18 12 ' 
13, 15-18 [346-511, 

Lev. 24 5 " 9a 
Ex.29 5 " 7 



Ex. 28 1 - 39 , 29 20 ' 

30 

Lev.10 8 ' 9 

Lev. I6 32 " 34a [!- 
31 ], Ex.28 29 ' 30 



Supplemental 
Priestly 



Lev. lO 6 - 7 , Ex. 
30 17 " 21 



Lev. 6 6b » 7 [ 13 
14 ],Nu. 4 n " 15a . 



16 



Lev. lO 12 - 13 [2 

27 1 " 29 ], Nu. 5 
5-8 , Lev. 7 8 
Nu. 31 25 " 29 . . . 



Ex.40 12 ' 13 [Lev. 

8 7 " 12 ] 

[Ex. 39 1 " 39 ] 



Ex. 30 10 , Lev. 6 
19 " 22 ,Ex. 30 7 « 8 



PAGE 

192 



193 



194 



195 



196 



197 



198 



203 
203 

206 

206 



xxii 



CONTENTS AND CLASSIFICATION 



E. REGULATIONS 
REGARDING 
CEREMONIAL 
CLEANLINESS. 
[. Food. 

§ 172. Clean and 
Unclean A n i- 
mals, Birds and 
Insects 



§173. Blood and 
Fat 



174. Flesh of 
Animals Torn 
by Beasts or 
Dying a Natural 
Death 



§175. Meat Cere- 
monially Un- 
clean 

§ 176. Leavened 
Bread 

§ 177. Fruit of 
Young Trees . . 



§178. Rules Re- 
garding the 
Eating of Meat 



II. Causes and Puri- 
fication of Cere- 
monial Unclean- 
ness. 

§ 179. Loathsome 
Diseases 



Classification of the Codes 



Primitive 



Ex. 22 31 



Ex. 34 25 ' 
[23 18 ] 



Ex.34 26b . 



Deutero- 



Dt. 14 3 " 20 



Dt. 12 23 " 25 
[ 16 , 15 23 ] 



Dt. 14 21a . 



Dt.l2[ 15 ]. 

20-27 



Dt. 34 8 . 



Holiness 



Lev. 30 25 

26 



Lev. 19 

26a 17IO- 
14 



Lev. 22 8 . 



Lev. 19 23 

25 



Lev. 17 3a 

(3b \ 4a 
(4bWc-7a 
(7b) ; 8, 9, 

19 5 " 8 , 22 

10-16 



Lev. 22 4a 



Priestly 



Lev. 11 C 1 - 

2a) ^ 2b-23, 

44b-47 

Lev. 3 17 , 

723b-25p61 

Gen. 9 4 . 



Lev. 7 24 , 
17 15 » 16 . 



Lev. 7 19a , 



Lev. 7 15 " 18 



Lev.13,14 

1-32, 54-57 
152b, 3; 
13-15 [16- 
18, 25-331 



Supple- 
mental 
Priestly 



Lev. II 26 

27, 29, 30, 
41-44a 



Ex.12 18 - 20 



Lev. 14 33 
53 



PAGE 

208 



211 

212 

212 
213 

213 
213 



215 



CONTENTS AND CLASSIFICATION 



II. 



Causes and Puri- 
fication of Cere- 
monial Unclean- 
n ess — Cord inued 
§ 180. Childbirth. 
§ 181. Contact 
with the Dead.. 
§ 182. The Car- 
casses of Ani- 
mals 

§ 183. With Per- 
sons or Things 
Ceremonially 
Unclean 



§ 184. With Spoils 
of War 

§ 185. Special 
Laws Govern- 
ing the Nazir- 
ites 



F. THE LAW OF 
CIRCUMCISION. 

Origin and 
Requirements . 



§ 186. 



G. THE SACRED 
DUES. 

§ 187. First-born 
Sons 

§ 188. First-born 
of Flock and 
Herd 



§ 189. Firstfruits. 



§ 190. Tithes.. 
§ 191. Poll Tax 



Primitive 



Ex. 34 19a » 

20c 2£l9b 



Ex. 34 19b ' 
20, 13 11 " 

13a f 2£30 
Ex / 34 26a 

[23 19a ] 



Deutero- 
nomic 



Classification of the Codes 
Priestly 



Dt. 21 22 

23, 1-5 



Dt. 14 23 
27 1519-22 

Dt. 18 4 , 

26 1 - 11 

Dt. 14 22 

27o 6 12-15 



Holiness 



Lev. 22 4b ' 

6a 



Lev. 19 24 , 

23 ( 10a ), 
10b, 11 



Lev. 12 1 " 8 
Nu. 19 14 

21 

Lev. 5 2 , 
lis 



Nu. 19 22 , 
Lev. 5 3 

[15 1 - 24 ] 



Nu. 6 (L 

2a\ 2b-12 



Gen. 17 9 " 
14 , 21 4 , 
Lev. 12 3 , 

Ex. 12 48 



Ex.13 12 , 

Nu. 3 11 

13, 44, 45 



Nu 

18 



18 15 " 
[Lev. 
27 26 - 27 ]. 
Nu.l5( 17 > 

18a) 18b- 
21 



Nu. 18 25 - 

32 



Supple- 
mental 
Priestly 



Nu. 19 11 

13 ,31 19 .. 

Lev. II 24 

28, 29b-40 



Nu. 31 20 

24 



Nu. 3 46 ' 51 
[8 16 " 18 ] . . 



Lev. 27 30 ' 

33 

Ex.30 11 16 






PAGE 

221 



222 
223 

224 
225 

225 



226 



227 



228 



229 

231 

233 



XXIV 



CONTENTS AND CLASSIFICATION 



§192. Voluntary 
Offerings 



193. Things 
Vowed or De- 
voted 



§ 194. Spoilsof 
War 



I. SACRIFICIAL 

OFFERINGS. 

§ 195. Animals 

Suitable for 

Sacrifice 



The Different 
Forms of Offer- 
ings. 

§ 196. Ordinary 
Animal Sacri- 
fice 

§ 197. The Holo- 
caust 



§ 198. Cereal-Of- 
ferings 



§199. Libations 



§ 200. Showbread 

§ 201. Sacred 
Lamps and In- 
cense 



Primitive 



Ex. 34 20c , 
2 3 29a 



Ex. 10 24 ' 

25 , 18 12 

Gen. 8 20 , 
Ex. 20 24 , 
Dt. 27 6 

Ex. 34 25a 
[23 18a ] 



Gen. 28 18 , 
35 14 



Classification of the Codes 

Priestly 



Deutero- 
nomic 



Dt. 

16, 
5-8' 



16 10 ' 
17 [12 



Dt. 23 21 - 

23 12 26 



Dt. 15 21 , 
17 1 



Dt. 12 11 



Dt. 13 11 . 
27a 



Holiness 



Lev. 

(17, 

18b-20 



22 

18.), 



Lev.22 18b 

22a (22b \ 
23-25 (26 \' 
27a (27b)' 



Nu. 6 1321 



Lev. 3 17a 



Lev. I 3 " 13 , 

6 8-13 



Nu. 15 (L 

2a), 2b-16, 

Lev. 2 la ' 

2b-16 

Nu. 15 3a 

b, 4a, 5, 
6a, 7, 10 [g 
15, 171 
EX. 25 30 , 

Lev. 24 5 " 

9 



Lev. 24 1 " 4 

[101-7] 



Supple- 
mental 
Priestly 



Nu. 30, 
Lev.27i- 

29 

Nu. 31 25 " 

31 



Lev. I 14 -« 



[Lev. 6i 9 ' 

231 



[Lev.23 13 , 
Ex. 29 41 ' 
42 , Lev. 
2, 6i 9 " 23 ] 



Ex. 30 79 
[Lev. 21 

20, 2il 



PAGE 

233 



234 

237 



238 



239 



240 



242 



244 



244 



245 



XXV 



CONTENTS AND CLASSIFICATION 



II. Different Kinds 
of Sacrificial Of- 
ferings. 

§ 202. Peace-Of- 
ferings 



§ 203. Guilt -Of- 
ferings 



Primitive 



Deutero- 
nomic 



Classification of the Codes 
Priestly 



Holiness 



Lev. 22 21 , 

19 5-8 



Lev.19 20 . 



Lev. 3 1 ' 6 " 

16 ? 7 11-14 
[15-191 20, 

21 (28, 
29a\ 29b-32 

Lev. 19 21 

22 514-19 

6 1 '" 7 [Nu! 
Lev. 7 1 7 



Supple- 
mental 
Priestly 



PAGE 

246 



248 



§ 204. Sin-Offerings. 



§ 205. Yearly Sin-Offering 

§ 206. The Red Cow 

§207. Leprosy Offering. . 



§ 208. Jealousy Offering. 



§ 209. The Daily Sacrifice 

I. THE PRE-EXILIC CALEN- 
DAR. 

§ 210. The Sabbath 



§211. The Passover 

§212. Feast of Unleav- 
ened Bread 

§213. Feast of Weeks or 
Harvest 

§214. Feast of Ingather- 
ing or Tabernacles 

§215. Sabbatical Year. . . 



Primitive 



Classification 0} the 
Priestly 



Primitive 
Ex.34 21 ,23 12 . . 

Ex.34 25b ,23 18b , 
1321-23 

Ex. 34 17 - 18 [23 

14, 15, 171 

Ex. 34 22a , 23 16a 

Ex. 34 22b , 23 16b 

Ex. 23 10 > n 

xxvi 



Lev. 5 113 , Nu. 

15 22-31 

Nu. 16 29 " 34a P" 
281 



Lev. 142-7, 10 [ii- 

201 21-23 [24-32 
48-521 



NU. 5 12b ' 13a « c 
15, 18, 21, 23, 24, 

26a, 27b, 31 



Deuteronomic 
Dt. 5 12 " 15 [Ex, 

20 8 - 11 ] 

Ex. 12 25 " 27a , Dt, 

j_gl, 2, 4b-7 
EX. 13 3 10 , Dt, 

16 3 - 4a ' 8 

Dt.16 911 



Dt.16 1317 

Dt-lS 1 " 3 ^! 10 " 12 



Codes 

Supplemental 

Priestly 

Lev. 4 1 " 31 [ 32 " 35 

9 11 ], 8 14 - 15 [10 

16-201 g24-29 (30) 



Nu. 19 1 - 13 [ 14 ' 
- 22 ,31 21 " 24 ].... 



Ex. 29 38 " 42 [Nu 
28 1 " 8 ], Ex. 30 



7, 8 



249 
253 

253 j 

255 | 

255 

256 

257 

258 

259 
260 

261 

262 






CONTENTS AND CLASSIFICATION 



J. THE SACRED CALEN- 
DAR OF THE POST- 
EXILIC HIERARCHY. 

' § 216. The New Moon 

§ 217. The Sabbath 



Classification of the Codes 
Holiness Priestly Supplemental 

Priestly 



Lev. 1#»> [ 30 , 26 
2 ], Ex. 31 ( 12 - 
(13c), 



§218. Feast of the Pass- 
over and Unleavened 
Bread Lev. 23 ( 10a ) 



13a) ? 13b 
13d, 14 



10b-12 
(14b) 

§219. Feast of Weeks or 
Firstfruits Lev. 

| (18b, 1 
| 20 (21) 

§220. Feast of Trumpets 
§221. Day of Atonement 



( 13 ) ; 



14a 



23 15-18a 
)a) ? 19b 



222. Feast of Taber- 
nacles 



223. Sabbatical Year. . . 

224. The Year of Jubilee 



Lev.23( 39a ), 39b 

(39c) ? 40, 41a 
(41b \ 42-44 

Lev. 25 (*< 

2b-5, 17-22 



2 a 



Ex. 35 1 3 , Gen. 

3 2,3 



Lev. 23 48 , Ex, 

jgl-13, 43, 45-50 



Lev.23 23 " 25 . 
Lev. 16 



Lev.23 33 - 36 , 



Nu. 28 11 " 15 

Ex.31 1517 ,Lev. 
23 3 , Ex. 16 22 
26 , Nu. 15 32 
36 ,289. 10 



Ex. 12 14 " 20 , Nu. 

38 16-25 9 1-14 



Nu.28 26 " 31 



Nu. 29 16 

Lev. 23 26 - 32 , 

Nu. 297-11 [ Ex . 

30i°] 

Nu.29 12 " 38 



Lev. 25 8 " 16 ' 23 

34,39-42,47-52,54 



PAGE 

262 



263 



265 



268 



269 



269 

272 



274 



274 



APPENDIX 

I. Selected Bibliography and Detailed References 

II. The Civil and Criminal Decalogues of Exodus 21 and 22, 

HI. Rights and Duties of Wives in Hammurabi's Code 

IV. Reparation for Damage to Property 

V. Hammurabi's Laws of Inheritance 

VI. Hammurabi's Laws Regarding Assault 

VII. Hammurabi's Penalties for Theft 

VIII. The Marseilles Sacrificial Tablet 

IX. Tables of Weights and Measures 

X. The Post-Exilic Sacred Calendar 

xxvii 



279 
287 
291 
292 
293 
295 
296 
297 
299 
300 



CONTENTS AND CLASSIFICATION 

INDEX OF BIBLICAL PASSAGES 

Explanation of Typographical Symbols and Abbreviations Page xxxv 

CHART AND DIAGRAMS 

Growth and Approximate Dates of the Old Testament Laws and Legal Prece- 
dents Frontispiece 

Plan of the Traditional Dwelling or Tabernacle Page 155 

Plans of Solomon's Temple Opposite page 158 

Oriental, Temples Opposite page 162 

General Plan of Ezekiel's Temple and Courts Page 164 

Form of Ezekiel's Altar Page 167 

Detailed Plan of Ezekiel's Temple Page 168 

Ezekiel Plan for Allotting the Territory of Canaan Page 182 









XXVlll 



INDEX OF BIBLICAL PASSAGES 



Genesis 

CHAPTERS PAGES 

2 2 « 3 264 

a 1 **' 23 59 

8 20 240 

9 4 212 

9 5 6 115 

9 23 - 24 59 

17 9 " 14 226 

21 4 227 

28 18 244 

35 14 244 

Exodus 

10 24 - 25 239 

12 4 " 13 265 

12 14 ' 20 266 

12 18 - 20 213 

12 21 " 23 258 

12 25 " 27a 259 

12 43 67,266 

12 43b - 44 65 

12 45 " 50 266 

12 48 227 

18 1 - 2 228 

13 3 " 10 260 

13 u - 13a 228 

16 3 4 > 8 260 

16 9 " 11 ... 261 

16 22 " 26 264 

18 12 239 

18 13 - 26 86 

19 6a 143 

20 [1 " 5] 137 

20 [4 " 61 100 

20 [7] 104 

20 [8 " 113 106 

20 t12 * 114 

20^ 115 

20t 14 } 109 

20t 15 l 119 



Exodus 

CHAPTERS PAGES 

20 [161 89,108 

20 t171 114 

20 23b 100 

20 24 240 

20 24 " 26 157 

21 2 126 

21 24 62 

21 5 * 6 61 

21 7 - 8 62 

21 711 59 

21 1214 91,114 

21 15 15,114,116 

21 16 113 

21 17 15,114 

21 18 116 

21 20 ' 21 65, 115 

21 2225 117 

21 26 > 27 63,65 

21 28 " 32 117 

21 28 " 36 69 

21 32 65 

21 33 - 34 69 

22 14 119 

22 58 69 

22 9 " 13 70 

22 14 - 15 69 

22 16 56 

22 16 « 17 118 

22 18 102 

22 19 97,112,137 

22 19b 227 

22 21 66 

22 21 " 24 118,127 

22 25 130 

22 28a 104 

22 28b 79 

22 29a 233 

22 30 228 

22 31 212 

23 la 118 

xxix 



Exodus 

CHAPTER3 PAGES 

23 13 89, 107 

23 4 - 5 68,133 

23 6 127 

23 6 - 7 107 

23 6 " 8 87 

23 8 107 

23 9 60 

23 10 262 

23 10 - n 130 

23 11 123 

23 12a 126 

23 12a - b : 124 

23 12 106,258 

23 12c 126 

23 13 145 

23 13b 97 

23£ 14 . 15 » 259 

23 16a 261 

23 16b 261 

23 tl7i 259 

23 [18al 242 

23 18b 258 

23t 19a * 229 

23 24 « 25a 138 

23 25a 146 

23 31a 14.S 

23 31b - 33 143 

25 1 " 9 152 

25 10 " 22 150 

25 23 " 40 154 

25 30 244 

26 1 " 33 152 

26 34 " 37 156 

27 1 " 8 155 

27 9 - 19 157 

27 [20 - 211 245 

28 1 ' 39 203 

28 29 - 30 207 

28 40 - 43 194 

29 14 193 



INDEX OF BIBLICAL PASSAGES 



Exodus 

CHAPTERS PAGES 

29 s " 7 203 

29 8 " 26 193 

29 27 - 28 199 

29 29 ' 30 20.5 

29 35 - 36a 194 

29 38 - 42 256 

30 1G 156 

30 7 8 208,256 

30 79 245 

30 10 207 

30 n " 1G 233 

30 17 " 21 156,195 

30 [22 1 193 

31 12 " 14 263 

31 13b17 106 

31 15 " 17 264 

32 25 " 29 172 

33 511 151 

34 12a 54 

34 12 > 13 138,142 

97,137, 145 

16 54 

100,137 

18 259 

34 19a 227 

34 19b > 20 228 

34 20c 227,233 

34 21 105,257 

34 22a 260 

34 22b 261 

34 25a 213,229,242 

34 26b 124,213,258 

35 1 - 3 263 

35 2 ' 3 106 

39 [1 " 39] 203 

40 [12] 193 

40 12 > 13 203 

40 [14 " 16] 193 



Leviticus 

ll2b, 3] 238 

13-17 241 

2 la 243 

2i. 2 197 



34 14 
34 15 
34 17 
34 17 



Leviticus 

CHAPTERS PAGES 
2 2b " 16 243 

2 14 " 16 231 

3 1 246 

3 ! - 7a 240 

3 6 " 16 246 

3 17 211 

4 l-31 [32-35J . .251 

5 1 90 

5 1 " 13 249 

5 2 223 

5 3 224 

5 14 " 19 248 

6 1 " 5 70 

6 1 " 7 249 

6 2 " 7 119 

6 6b < 7 197 

6 8 - 13 242 

6 14 " 18 200 

6 19 " 22 207 

6 [19 " 23] 244 

6 t24 " 26] 198 

6 24 " 30 253 

7 1 " 7 249 

7 8 202 

7 9 - 10 200 

7 11 " 14 199,247 

7 15 " 18 215 

7 19a 212 

7 20 ' 21 105,247 

^23b-25 [26] 211 

7 24 212 

7 28-32 . 247 

7 28 ' 36 199 

8 [1 " 6] 193 

8( 7 " 12 1 203 

8( 13 " 36 1 193 

8 14 - 15 252 

9 [1 " 71 245 

10 6 ' 7 196 

10 8a 197 

10 8 - 9 196, 206 

10 10 > n 197 

10 12 ' 13 200 

10 14 - 15 199 

10 [1G - 201 249 

XXX 



] 

CHAPTERS 
ll 1 " 23 .. . 


Leviticus 

PAGE8 

209 


118 


223 


1J24-28 


224 


1126, 27 


210 


1129, 30 


210 


H29b-40 


224 


H41-44a 


210 


H44b-47 


210 


12 1 ' 8 .... 


221 


12 3 


227 


13 . .216 


141-32 


219 


142-7, 10 


. .255 


1433-53 


219 


1454-57 


221 


15 [1-24] 


. .224 


15 2b > 3 .. 


. .221 


1 5 13, 14 


221 


16 1 - 34 ... 


269 


lg32-34 a 


206 


17 3 " 5 .... 


162 


17 3 " 9 .... 


214 


17 7 


162 


1^10-14 


211 


1715, 16 


. .212 


18 3 


102, 138 


18 4 - 5 . .. 


142 


18 6 " 18 . . 
18 19 .... 


53,110 

112 


18 20 .. 


.109 


18 21a .. 


103 


18 21b ... 


104 


18 22 .. 


. .111 


l 8 23-25 


112 


18 24 .... 


102 


1 8 24, 25 


54 


18 26 .... 


. . 142 


19 2 


. .144 


19 3a . . . 


52, 114 


19 3b . . . 
19 4 


106,263 

102 


19 58 

19 9 - 10 .. 


214,246 

129 


19 lla . . . 


119 


19 llb ... 


114 



INDEX OF BIBLICAL PASSAGES 



Leviticus 

CHAPTERS PAGES 

19 12 104, 108 

19 13b 60,126 

19 14 118 

19 15 88,108 

19 16 90,118 

19 17 18 133 

19 19a 142 

19 19 113 

19 20 " 22 110,248 

19 23 " 25 213 

19 24 230 

19 26a 211 

19 26b 103 

19 27 142 

19 27 - 28 138 

19 29 112 

19 30b 105 

19 31 103 

19 32a 133 

19 32b 144 

19 33 118 

19 33 - 34 67 

19 35 ' 37 120 

20 2 " 5 103 

20 6 103 

20 8 142 

20 [9] 114 

20 10 109 

20 11 ' 12 Ill 

20 13 112 

20 14 Ill 

20 15 < 16 112 

20 17 Ill 

20 18 112 

20 20 - 21 Ill 

20 22 142 

20 23 102 

20 25 - 26 209 

20 26 144 

20 27 102 

21 1 " 9 195 

21 7 55 

21 9 112 

21 10 - 15 206 

21 13 " 1 5 56 



Leviticus 

CHAPTERS PAGES 
21 16 " 24 192 

22 1 " 4 68 

22 19 195 

22 3b 105 

22 4a 216 

22 4b ' 6a 222 

22 8 212 

22 10 " 16 215 

22 10b 61 

22 17 " 20 233 

22 18b " 27 238 

22 21 246 

22 28 124 

23 3 264 

23 4 " 8 265 

23 10 ' « 230 

23 10 " 14 265 

23 15 " 20 198 

23 18 " 21 268 

23 [22] 129 

23 23 " 25 269 

23 26 " 32 272 

23 33 " 36 273 

23 39 " 44 272 

24 1 " 4 245 

24 5 " 9a 202 

24 59 244 

24 1013 104 

24 15b < 16 104 

24 17 115 

24 18 70 

24 19 117 

24 21a 70 

24 21b 115 

24 22 67 

24 23 104 

25 1 " 5 274 

25 17 131 

25 5 " 7 124 

25 6 61 

25 8 " 16 132,274 

25 10 63 

25 13 72 

25 15 ' !6 71 

25 17 " 22 274 

xxxi 



Leviticus 

CHAPTERS PAGES 

25 18 ' 19 142 

25 20 ' 22 131 

25 23 70,132 

25 23 " 34 275 

25 2427 71 

25 28b 72 

25 29 " 32 71 

25 29 " 34 192 

25 31b 72 

25 33 72 

25 34 71 

25 35 128 

25 35 ' 38 130 

25 39 « 40a 61, 126 

25 39 " 42 275 

25 40b " 42 132 

25 43 126 

25 43 " 46 61 

25 47 ' 48a 66 

25 47 " 55 63 

25 47b " 52 27C 

25 53 66 

25 54 276 

26 1 102 

26 2a 106 

27 1 " 29 236 

27 30 " 33 232 

Numbers 

l 1 - 3 78 

l 47 " 53 188 

I 48 . 49 81 

2 33 81 

3 5 > 6 196 

3 5 " 9 187 

3 5 " 10 185 

3 9 196 

3 11 " 13 228 

3 14 > 15 78 

3 25 ' 26 188 

3 29 " 32 188 

3 35 " 37 188 

3 38b 105 

3 44 " 51 228 



[NDEX OF BIBLICAL PASSAGES 



Numbers 

CHAPTERS PAGES 

4 1 " 3 78 

I 4 ' 6 188 

4.11-15a .197 

4 16 198 

4 15 189 

4 17 " 20 105 

4 24 " 33 189 

4 27 197 

5 5 " 8 202 

o 9 ' 10 201 

5 l2b « 13a 109, 255 

5 13b 58 

5 13c 109,255 

5 14b 58 

5 15 109,255 

5 16 > 17 58 

5 18 109,255 

5 20 58 

5 21 109,255 

5 22 58 

5 23 - 24 110,256 

5 25 58 

5 26a 110,256 

5 26b ' 27a 58 

5 27b 110,256 

5 28 59 

5 29 58 

5 30 58 

5 31 110,256 

6 112 225 

6 13 " 21 235 

6 19 " 20 200 

8 5 " 22 186 

8 23 " 26 186 

9 114 267 

9 14 67 

10 9 83 

I0 33a > c - e 149 

10 35 ' 36 149 

15 1 " 16 242 

15 3a - b - 4a 244 

15 5 6a 244 

15 7 10 244 

15 14 " 16 67 

15 17 " 21 230 



Numbers 

CHAPTERS PAGES 
15 20 ' 21 201 

15 22 " 31 250 

15 29 - 30 67 

IS 30 - 31 108 

15 32 - 36 106,264 

15 37 " 41 139 

16 29 " 34a 253 

17"- 11 ! 185 

17 1 - 2a 196 

18 1 ' 6 187 

18 5 197 

18 7a 197 

18 9 < 10 200 

18 11 201 

18 12 " 14 201 

18 15 " 18 201,228 

18 19 201 

18 20 199 

18 21 191 

18 22 105 

18 2324 191 

18 25 " 32 201,232 

19 1 " 13 253 

19 1113 223 

19 14 " 21 223 

19 22 224 

25 6 " 13 55 

26 2a - 3a 80 

26 52 ' 56 79 

27 1 " 11 73 

28 [1 " 8] 256 

28 9 - 10 264 

28 11 " 15 262 

28 16 " 25 267 

28 26 - 31 268 

29 1 " 6 269 

29 7 " 11 272 

29 12 " 38 273 

30 1 " 16 234 

30 3 " 5 52 

30 6 " 8 57 

30 13 " 15 57 

31 la - 2 - 3 85 

31 7 " 18 85 

31 19 223 

xxxii 



Numbers 

CHAPTERS PAGES 

31 20 " 24 225 

31 21 - 31 85 

31 25 " 29 202 

31 25 " 31 237 

31 2830 191 

31 47 191 

35 18 191 

35 9 " 15 92 

35 14 " 34 115 

35 15 67 

35 30 89 

36 112 73 

Deuteronomy 

l 16 66 

116, 17 88 

4 2 139 

4 5 - 6 142 

4 15 " 28 101 

4 41 " 43 92 

5 1 140 

5 6 145 

5 7 98 

5 7 - 8 137 

5 810 100 

5 11 104 

5 12 " 15 106,258 

5 16 52, 114 

5 17 115 

5 18 109 

5 19 119 

5 20 89, 108 

5 21 114 

5 29 144 

5 3233 140 

6 1 " 3 140 

6 4 - 5 146 

6 67 139 

6 6 " 9 94, 137 

6 89 139 

6 1012 144 

6 13 146 

6 14 - 15 98 

6 16 - 17 140 



INDEX OF BIBLICAL PASSAGES 



Deuteronomy 

CHAPTERS PAGES 

(> 1S 19 145 

6 20 - 2S 94 

6 24 144 

7 1 ' 2 84 

7 1 " 4 55,143 

7 5 101,138 

7 6 143 

7 11 ' 12 140 

7 16 66,84 

7 22 " 26 84 

7 25 139 

8 1 140 

8 514 141 

8 6 144 

8 10 145 

8 19 145 

8 19 - 20 98 

10 1 5 150 

10 8 174 

10 912 146 

10 12 13 141 

10 18b ' 19 133 

10 20 146 

ll la 81 

ll 1 141,146 

ll 8 ' 9 120 

ll 13 - 15 81,146 

ll 1416 145 

ll 16 - 17 98 

ll 18a 139 

lit 18 " 2 " 94 

ll 26 " 28 98 

ll 26 " 32 141 

12 1 4 100 

12 2 3 138 

12 [5 ' 8] 233 

12 1018 161 

12 11 240 

l*t". 12 1 177 

12 [l5] 213 

12 116 * 211 

12 17 18 65 

12 19 176 

12 20 " 27 214 

1223-25 211 



Deuteronomy 

CHAPTERS PAGES 

13 26 234 

12 27a 241 

12 29 " 31 103,138 

13 1 ' 18 99 

14 1 - 2 138 

14 3 " 20 208 

14 21a 212 

14 21a « c 67 

14 22 ' 23 176 

14 22 " 27 231 

14 23 " 27 229 

14 27 176 

14 28 ' 29 129,177 

15 1 " 3 262 

15 1 " 10 131 

15 3a 67 

15 7 " 11 128 

15 1215 63,126 

15 16 ' 17 62 

15 18 63 

15 19 - 22 229 

15 21 238 

15 [23 J 211 

16 1 - 2 259 

16 3 - 4 260 

16 4b " 7 259 

16 5 > 6 161 

16 8 260 

16 9 - 11 261 

16 10 233 

16 10 < « 65 

16 10 " 14 176 

16 u > 12 129 

16 13 - 17 261 

16 16 17 . .233 

16 18a 87 

16 18b " 20 88 

16 19a 107 

16 19b 107 

16 20 107 

16 21 > 22 100 

17 1 238 

17 2 " 7 98 

17 6 89 

17 7 89 

xxxiii 



Deuteronomy 

CHAPTERS PAGES 

17 8 - 11 88 

17 813 174 

17 12 - 13 90,108 

17 14 " 20 80 

18 la ' b 175 

18 la » c 176 

18 2 175 

18 3 " 8 176 

18 4 230 

18 9 " 14 102 

18 10a 103 

18 13 143 

18 18 " 22 104 

19 113 ¥t5H 

19 11 " 13 91,115 

19 14 120 

19 15 89 

19 16 " 21 90, 108 

20 la 81 

20 1 " 4 82 

20 2 " 4 175 

20 5 " 7 81 

20 9 81 

20 10 83 

20 10 " 12 82 

20 12 " 18 83 

20 19 ' 20 84 

21 15 222 

21 5b 174 

21 10 " 14 54,84,127 

21 15 " 17 72 

21 18 " 21 52, 114 

21 22 ' 23 222 

22 1 " 4 68 

22 5 113 

22 6 ' 7 124 

22 8 125 

22 9 " 11 113 

22 12 139 

22 13 ' 21 57 

22 18 - 19 59 

22 22 ' 24 109 

22 25 - 27 117 

22 28 - 29 56,59,118 

22 30 53, 110 



INDEX OF BIBLICAL PASSAGES 



Deuteronomy 

CHAPTERS PAGES 

23 1 " 8 77 

23 9 " 14 82 

23 15 ' 16 64 

23 17 > 18 112 

23 18 234 

23 19 ' 20 130 

23 20a 67 

23 21 " 23 234 

23 24 - 25 119 

24 1 ' 4 60 

24 5 81 

24 6 125 

24 7 113 

24 8 175,215 

24 10 ' ll 124 

24 12 - 13 125 

24 14a 118 

24 14 66 

24 14 « 15 60, 126 

24 16 125 

24 17 > 18 66, 127 

24 19 " 22 128 

25 1 - 2 88 

25 2 - 3 90,125 

25 4 123 

25 5 ' 6 72 

25 5 " 10 56 

25 11 - 12 113 

25 13 " 16 120 

26 1 137 

26 1 4 175 

26 1 " 11 230 

26 1113 129 

26 12 " 15 231 

26 16 > 17 141 

26 18 - 19 143 



Deuteronomy 

CHAPTERS PAGES 

27 1 " 4 92 

27 [5 " 71 157 

27 6 240 

27 8 92 

27 10 141 

27 15 101 

27 16 52,114 

27 17 120 

27 18 - 19 118, 127 

27 19 66 

27 20 53, 110 

27 21 112 

27 22 - 23 53,110 

27 24 117 

27 25 88,107 

27 26 142 

28 9 ' 10 144 

30 810 145 

30 10 146 

30 15 - 16 142 

30 17 - 18 98 

31 9 ' 13 93 

31 10 " 12 262 

31 24 " 26 150 

31 [25 - 261 175 

33 8a > 10 174 

Joshua 

8 30 " 35 93 

18 2 " 10 78 

I Samuel 

30 21 " 25 83 



I Kings 

CHAPTERS PAGES 

6 2 " 6 ' 9 158 

6 15 " 36 158 

7 13 ' 51 159 



I Chronicles 
23-25 189 

II Chronicles 



4L 7 . 



160 



Ezekiel 

40 1 ' 27 162 

40 28 " 47a 165 

40 47b 166 

40 48 - 49 168 

41 1 " 4 168 

41 5 " 15a 169 

41 15b " 26 168 

42 1 " 14 170 

42 15 " 20 171 

43 1 " 12 171 

43 13 " 27 166 

44 177 

45 1 " 8 182 

45 9 " 17 180 

45 21 " 25 180 

46 1 " 15 180 

46 16 " 18 183 

46 19 " 24 171 

47 [48] 183 



XXXIV 



EXPLANATION OF TYPOGRAPHICAL SYMBOLS AND 
ABBREVIATIONS 

Text in roman type. 

Supplemental and editorial additions to an older section in smaller type. 

Superscriptions in small capitals. 

Poetical passages are distinguished by smaller type and broken lines. 

Explanatory clauses, found in the original, in ( ). 

English equivalents of the more significant Hebrew proper names in [ ]. 

Words implied by the context or supplied to restore the original narratives, 
where these have been abridged in the process of editorial fusion, in italics. 

Foot-notes, presenting the reasons for the analysis and classification of the mate- 
rial, significant alternate readings, and explanatory material, in small roman 
type. 

Interpretative side-headings, giving a condensed summary of the accompanying 
text, on the margins in small roman type. 

Chapter numbers in arabic figures. Verse numbers in small figures placed 
above the line. Successive portions of a verse indicated by a > b or c , placed 
after the verse number. Thus, Genesis II. 4 (second part of the verse) to 
IV. 6 (first half) inclusive is written 2 4b -4 6a . 

Complete stories or literary units (with their parallels, if any) are numbered with 
arabic numerals successively throughout the entire volume and are referred to as 
sections. Thus, § 2 refers to § 2, The Primitive Story of Man's Creation 
and Fall, pp. 53-56. 

General Abbreviations 



AmRV = American Revised 


Gk.A = Alexandrian Gk. 


text 


Old Lat. = Old Latin Version 


Version (1901). 


of the O.T. 




of the O.T. 


AV = Authorized Version 


Gk. K = Sinaitic Gk. text of 


Origen = Reading found in 


(1611). 


the O.T. 




Origen's Hexapla. 


Apocr. = Apocrypha or apoc- 


Heb. = Hebrew. 




O.T. = Old Testament. 


ryphal. 


i. e. = that is. 




Pent. = Pentateuch. 


Aram. = Aramaic. 


Jos. = Josephus. 




RV= Revised Version (1885). 


Assyr. = Assyrian. 


Lat. = Latin (Vulgate) 


text 


Sam. = Samaritan Version of 


Bab. = Babylonian. 


of Jerome. 




the Pent. 


cf. = compare. 


Lit. = literally. 




Sem. = Semitic. 


e. g. = for example. 


Luc. = Lucian's Recension 


Syr. = Syriac Version of the 


f. = and following. 


of the Greek O.T. 




O.T. 


Gk. = Greek B (Vatican) 


N.T. = New Testament. 




Targ. = Targum. 


text of the O.T. 






Vs. = verse. 


Abbreviations for the Old Testament and Apocryphal Books 


Gen. = Genesis. 


Is. = Isaiah. 




Esdr. = Esdras. 


Ex. = Exodus. 


Jer. = Jeremiah. 




Wisd. Sol. = Wisdom of Solo- 


Lev. = Leviticus. 


Lam. = Lamentations. 




mon. 


Num. or, Nu. = Numbers. 


Ezek. = Ezekiel. 




B. Sir. = Ben Sira or Ecclesi- 


Dt = Deuteronomy. 


Dan. = Daniel. 




asticus. 


Josh. = Joshua. 


Hos. = Hosea. 




Bar. = Baruch. 


Judg. = Judges. 


Am. = Amos. 




Sg. of Three = Song of the 


Sam. = Samuel. 


Ob. = Obadiah. 




Three Children. 


Kgs. = Kings. 


Jon. = Jonah. 




Sus. = Susanna. 


Chr. = Chronicles. 


Mic. = Micah. 




Pryr. of Man. = Prayer of 


Neh. = Nehemiah. 


Nah. = Nahum. 




Manasses. 


Esth. = Esther. 


Hab. = Habakkuk. 




Mac. = Maccabees. 


Ps. = Psalms. 


Zeph. = Zephaniah. 




Enoch = Book of Enoch. 


Pr. = Proverbs. 


Hag. = Haggai. 




Ps. of Sol. = Psalms of Solo- 


Ecc. = Ecclesiastes. 


Zech. = Zechariah. 




mon. 


Sg. of Sgs. = Song of Songs. 


Mai. = Malachi. 







XXXV 



THE HISTORY OF ISRAEL'S LAWS AND 
LEGAL PRECEDENTS 



INTRODUCTION 



THE BABYLONIAN BACKGROUND OF ISRAEL'S LAWS 

In the light of recent discoveries, the study of ancient law begins to- The 
day, not with the legal system of Israel, of Greece, or of Rome, but with of dvil- 
that of early Babylonia. Long centuries before the days of Moses or Ration 
Minos or Romulus, the peoples living between the lower waters of the cient 
Tigris and the Euphrates developed legal codes that deeply influenced all SjJa " 
subsequent legislation. This early rise of law in ancient Babylonia is pri- 
marily traceable to the physical contour and position of the land itself. For 
countless generations beyond the dawn of history, the rich alluvial territory 
lying between the two great rivers attracted the nomadic peoples of every 
quarter of southwestern Asia. The soil of this coveted region could be re- 
claimed from the annual floods, and permanently held against the strong 
foes ever pressing in from the east and west, only by the most arduous toil 
of hand and head. While Nature early spurred the mixed, virile popula- 
tion of ancient Babylonia to develop a high type of civilization, she generously 
rewarded its persistent labor. In return for skilful cultivation the land 
furnished lavish harvests; for the development of the arts it also provided 
abundant facilities, not the least of which was the soft clay of the river- 
banks, a material early utilized for buildings, for military defences, and for 
literary records. 

Natural gate-ways opened in every direction for commerce. The Tigris Why it 
and Euphrates with their tributaries penetrated far into the populous high- JJJ^f 
lands to the east and north of Babylonia. On the west, the Arameans and mercial 
Arabs, the great land traders, carried Babylonian wares to the Phoenicians, zation 
Egyptians, and southern Arabians, and in turn brought back the products 
of those other centres of ancient civilization. To the south, the Persian 
Gulf opened into the Indian Ocean and commanded the trade of Arabia and 
India. It is not strange, therefore, that Babylonia early developed a rich, 
dominantly commercial civilization, the influence of which radiated through- 
out the known world. 

This intense commercial activity explains why the art of writing and the Early 
making of law attained in Babylonia so high a stage of development; com- opment 
merce demands for its development exact written records and the protection of law 
of just and well-defined laws. Hence, for more than a thousand years before art of 
the days of Moses, the Babylonians had so far perfected their system of wntin * 
writing that it was in as general use as writing was among the Greeks or 

3 



ISRAELS LAWS AND TRADITIONAL PRECEDENTS 

Romans, or as it is to-day among most oriental peoples. The scribes con- 
stituted a large and important class in the community. Every important 
transaction was recorded in written contracts, usually duplicated to guard 
against injury to individual copies. All important judicial decisions were 
likewise recorded. Hundreds of thousands of these legal documents have 
already been discovered in the ruins of Babylonia and Assyria. Obviously, 
this remarkable command of the art of writing was of great service in the 
development of definite laws and legal codes. Among a primitive nomadic 
or agricultural people a few simple customs, at first transmitted orally from 
generation to generation, sufficed to meet the popular needs; but in a complex 
commercial civilization, a great variety of legal questions arose and were 
decided. It was the Babylonian custom to commit to writing all legal 
decisions; and these became the basis of an ever-growing body of written 
laws. 
The The few popular traditions attributing to a certain god the origin of Baby- 

fcJJi mer " Ionian law, throw no light upon its earliest beginnings. Its origin is far older 
family th an the most primitive history and literature of the human race. In the 
legal phrase-books of the later scribes chance has preserved to us seven so- 
called Sumerian laws; they are written in the archaic language of the very 
early, though highly civilized, people that occupied the southern part of the 
Tigris-Euphrates valley before it came under the sway of the Semites. These 
laws were probably in existence in the fourth millennium B.C.; the origin of 
some of them doubtless goes thousands of years farther back. The frag- 
ments which have been preserved treat of family relations; as, for example, 
If a son has said to his father, "You are not my father" he may brand him, 
lay fetters upon him, and sell him (cf. for the others, Appendix II). The 
literary form and themes are the same as those of the later Babylonian and 
the early Old Testament laws. 
There- By far the most important code yet discovered comes from about 2250 b.c. 
ais- tly It bears the name of the real founder of the Babylonian empire, already 
covered we \\ known to scholars through his letters and historical inscriptions, the 
rl°am-° great Hammurabi. The laws are clearly inscribed in forty-four columns 
murabi Qn an a i most S q Uare block of black diorite. It was found by French excavators 
at Susa in December, 1901, and January, 1902. Five columns of the original 
inscription have been erased by the Elamite king who carried it off as spoil, 
probably from the temple of Shamash at Sippara where it was first set up. 
Three thousand six hundred lines, however, still remain. These were ar- 
bitrarily divided into sections and numbered by the first translator, Professor 
V. Scheil of Paris, and this division into sections has been generally adopted 
for reference. 
Pur- In the remarkable epilogue which he appended, Hammurabi plainly states 

ggj of the motives that guided him as a ruler, and led him to prepare and set up this 
code body of laws. He describes himself as the shepherd chosen by the gods 
to care for his people, to lead them into safe pastures, and to make them dwell 
in peace and security. That the great should not oppress the weak, to counsel 
the widow and orphan, to render judgment and to decide the decisions of the 
land, and to succor the injured, he wrote these noble words on his stele 

4 



tents 



general 
char- 



THE BABYLONIAN BACKGROUND OF ISRAEL'S LAWS 

and placed them before his likeness. By the command of Shamash, the 
judge .supreme of heaven and earth, that justice might shine in the land, 
he set up a bas-relief to preserve his likeness. At the head of the laws is 
an exceedingly suggestive picture representing Hammurabi receiving them 
from the seated sun-god Shamash. The epilogue also adds: The oppressed 
who has a suit to prosecute may come to my image, that of a righteous king, 
and read my inscription and understand my precious words, and may my stele 
elucidate his case. Let him see the law he seeks, and may he draw his breath 
and say, "This Hammurabi was a ruler who was to his people like the father 
who begot them. He obeyed the order of Marduk his lord, he followed the com- 
mands of Marduk above and below. He delighted the heart of Marduk his 
lord, and granted happy life to his people forever." Let him recite the document. 
These words betray a benign, God-fearing, paternal ruler, actuated by the 
principles that underlie all just legislation. 

The contents of the code confirm the implications of its epilogue. The Con 
code consists entirely of civil laws dealing with specific legal questions that ^d 
were constantly arising in the empire over which Hammurabi ruled. Briefly 
and clearly the given offence or case of dispute is stated; then the penalty acter 
or course of legal action is definitely outlined; as, for example, If a man has 
borne false witness in a trial, or has not established the statement that he has 
made, if that case be a capital trial, the man shall be put to death. The code 
was evidently prepared for the guidance of judges no less than for those 
seeking justice. The aim, apparently, was not to present every possible 
case, but, leaving the more unusual to be decided by the judge, to register 
the common and typical. Unlike most oriental literary products, the laws 
have been systematically classified. They are included under three great 
heads with subdivisions : I. Introduction on evidence and decisions ; II. Prop- 
erty, (1) personal, (2) real, and (3) in trade; III. Persons, (1) the family, 
(2) injuries, (3) laborers and labor. Within the smaller groups of laws, those 
defining the rights and obligations of the patrician classes precede those 
relating to the plebeians and slaves. 

This entire collection of laws is properly called the Code of Hammurabi. Origin 
Under his personal direction it undoubtedly assumed its present form, and by history 
him it was publicly promulgated and made the law of the empire. He states 
distinctly that he received it from the god Shamash. The meaning of this 
statement, however, must be interpreted in the light of the code itself. Some 
of the laws, doubtless, were first formulated by Hammurabi; to this class 
may well belong those which attempt to fix a uniform price for hire and 
labor; but it is certain that the code as a whole rests on far older foundations. 
Many of its laws are assumed to be already in existence, and not a few of its 
legal phrases are found in contracts dating long before the time of Hammurabi. 
Like the Indian Laws of Manu, or the Greek Gortyan Code, or the Roman 
Twelve Tables, the code is evidently a compilation incorporating many very 
early laws and customs. So comprehensive and so well adapted to th*. needs 
of Babylonia was the wonderful Code of Hammurabi that for more than 
fifteen hundred years it continued to be the fundamental law of the Baby- 
lonian and Assyrian empires. 

5 



ISRAELS LAWS AND TRADITIONAL PRECEDENTS 

Its in- How far did this highly developed Semitic code influence the laws of the 
upon 06 Hebrews ? The fact that it was in force through a large part of southwestern 
Israel's Asia for over a thousand years before the advent of the Hebrews, and that it 
bears striking analogy in theme, content, and form to many Old Testament 
laws, naturally prompts this query. The question is one that concerns 
not the reality but the method of divine revelation; for that revelation is as 
broad as human life and history. The vital consideration is whether the 
Infinite Judge made known the eternal principles of justice through the minds 
and life of the Babylonians as well as of the Hebrews ? If so, the history of 
the origin and growth of Israelitish law begins in ancient Babylonia long 
before the days of Hammurabi; and the code of that truly noble ruler marks, 
like the Book of the Covenant (Ex. 21-23) and Deuteronomy, one of the 
great receptive epochs of divine revelation through human laws and institu- 
tions. 
Early The final answer to this important question must, of course, be based on 
Ionian a detailed and careful comparison of the codes as a whole, and of the individual 
mflu- laws; to approach the study a glance at some historical points of contact 
in between Babylonian and Israelitish civilization must here suffice. It is 

Eian probable that out of the same peculiar nomadic life of north Arabia came 
the ancestors of the Hebrews and those of the Babylonian line of rulers to 
which Hammurabi belonged. A common Arabian origin may go far to ex- 
plain the many points of analogy between the two legal systems. In the 
oldest Babylonian inscriptions, far antedating the days of Hammurabi, 
the more ambitious rulers of the lower Tigris-Euphrates valley tell of 
conquests of theirs which extended to the eastern shore of the Mediter- 
ranean. Even during the periods when military prowess did not prepare 
the way, traders, bearing the civilization and thought and institutions of 
the East, carried on the peaceful but no less effectual conquest of Palestine. 
For three millenniums at least their conquests continued, until, as we 
know from contemporary chronology and the testimony of archaeology, 
the pre-Hebraic civilization of Canaan reflected predominantly that of 
Babylonia. , 

Later There can be no doubt that the Babylonian culture influenced the Israelites 
contact th roU gh their own Semitic ancestors, and still more strongly through the 
g^en Canaanites; but there are two periods in their history when that influence 
ion and was overwhelming. The first period was when the Assyrians, the heirs 
and conquerors of Babylon, held Palestine for nearly two centuries in their 
iron grasp; the second, when the new Babylonian empire under Nebuchad- 
rezzar conquered Judah and carried away to an exile under the shadow of 
the mistress of the East, the political, intellectual, and religious leaders of 
the Israelitish race. 
Nature The intricate manner in which the history of these two peoples is con- 
Baby- stantly interwoven is one of the most remarkable and significant facts of 
Ionian antiquity. That the younger and weaker was deeply influenced by the 
ence older and stronger is patent; in the case of the specific laws, however, that 
influence, though marked, appears to have been indirect rather than direct. 
Gradually, probably unconsciously, assimilating that which they inherited 

6 



THE BABYLONIAN BACKGROUND OF ISRAEL'S LAWS 

from the Semitic past, the early Israelites, wrought upon by the Divine, 
developed their own peculiar institutions and laws; for, striking as are the 
external analogies with the laws of other ancient people, especially in cere- 
monial regulation, the majority of the Old Testament laws are informed by a 
spirit and purpose which have no ancient parallel. 



II 

THE ORIGIN AND GROWTH OF ISRAELITISH LAW 

• 

Mean- In derivation and variety of meanings there is a wealth of suggestion in 
thl° f the term torah, the Hebrew word for law. It comes from a verb which means 
Hebrew io p i n t out, to direct, and this in turn is probably to be traced back to an 
for law earlier root signifying to cast or throiv the sacred lot or arrows employed in 
early times to determine the divine will. The verb is thus used in Joshua 
18 6 to describe the casting of lots. Hence torah meant originally the decision 
obtained by the lot, and then it stood for the authoritative direction or decision 
that came from Jehovah and was made known to the people by his official 
representatives. 
Differ- Since Jehovah was represented in ancient Israel by several different classes 
idnds °f teachers, there were various kinds of torahs. One of the oldest and most 
of , significant was the torah or decision of a judge like Moses, which soon came 
to be recognized as a precedent to be followed when cases similar to that 
which called it forth arose (Ex. 18 15 t 16 > 20 ). The torah was sometimes the 
designation also of social and moral teachings (Is. 5 24 ),of political counsels 
(Is. 8 16 « 20 ), and of religious doctrines (Is. I 10 ) of prophets like Isaiah. In the 
prophetic books it frequently denotes the teachings of the prophets as a whole 
(e. g., Jer. 6 19 , 9 13 , 16 11 , 26 4 ). And constantly the wise men or sages through- 
out their writing refer to their own characteristic teachings that were usually 
cast in the form of proverbs (e. g., Pr. I 8 , 3 1 , 4 2 , Job 22 22 ) as the torah or 
instruction. In Psalm 78 1 a psalmist uses the same broad term to describe the 
didactic poem that follows. In all these passages the common idea is that 
the torah consists of a body of definite and authoritative directions or teach- 
ings coming ultimately from Jehovah himself. 
The From statements like that in Jeremiah 18 18 , however, it is clear that the 

oTthe t° ra h was early regarded as the especial contribution of the priest. The 
priests enemies of Jeremiah justify their attack upon him by asserting that the torah 
(or law) shall not perish from the priest, nor counsel from the wise, nor the 
word from the prophet (cf. also Ezek. 7 26 ). In its earliest and limited sense 
the torah was the specific decision or direction given by the priest, and ascer- 
tained by him, usually in response to some definite question, by means of 
the oracle or lot or other accepted method of ascertaining the will of the Deity. 
Thus according to Malachi 2 6 , the torah of truth was in the mouth of the priest 
. . . and the people should seek the torah at his mouth. In Haggai 2 11 the 
people are commanded to ask a torah from the priests in regard to a certain 
ceremonial question. In the prophetic books charges are not infrequently 
brought against the priests because they have misused their authority as 
guardians of the torah (Mi. S 11 , Zeph. 3 4 , Ezek. 22 26 , Mai. 2 8 > 9 ). From 

8 



THE ORIGIN AND GROWTH OF ISRAELITISH LAW 

the earliest times the priests, since they were the guardians of the oracles and 
constituted an established religious class that could readily be found at the 
different local sanctuaries, were resorted to as arbiters and judges in cases 
civil as well as ceremonial. According to the later Deuteronomic codes 
the supreme court of appeal included both priests and laymen; and its decision 
on a specific question was still called the torah or direction (Dt. 17 u ). 

As in the case of the teachings of the prophets and sages, torah in like manner Later^ 
became in time the regular designation of a group of technical directions intent 
regarding some specific subject, as, for example, the torah of the burnt-offering, ofrtie 
of the cereal-offering, or of the Nazirite (Lev. <P. 14 > 25 , 7 1 ' ll » 37 , ll 46 , 12 7 , Torah 
13 59 , Nu. 5 29 ' 30 ). Primarily these rules appear to have been intended 
for the guidance of the laity rather than the priests. Soon, however, the torah 
or law was the name applied to a code of laws (as, for example, that found in 
Dt. I 5 , 4 8 - 44 , 17 18, 19 , etc.), or appeared in the familiar phrase the torah or 
law of Moses, which described the collection of codes ascribed by later genera- 
tions to the first great leader of the Hebrew race (Josh. I 7 ' 8 , 8 31 - 32 , 1 Kgs. 2 3 , 
II Kgs. 10 31 , 17 13t 34 , 21 8 ). In the later Old Testament books and in the 
New "Testament, The Torah has become the prevailing designation of the 
combination of narrative, poetry, and law found in the first five books of the 
Hebrew Bible (I Chr. 16 40 , II Chr. 31 3 , Ezra 3 2 , Neh. 8 1 ). The legal torah 
in its broad application, therefore, included all the directions— civil, judicial, 
moral, ceremonial, or religious— that came from the lips or pens of priests 
or priestly scribes. 

As has been pointed out, when the early priest by the use of the oracle or Origin 
sacred lot, or on his own authority as God's representative, rendered the de- belief 
cision, it was Jehovah's torah. When this and kindred decisions became the jg^J 
precedents by which later judges were guided in deciding similar cases, they origin 
felt that they were simply applying Jehovah's law. Priestly editors who ° 
recorded the customary laws that grew up on the basis of these precedents, 
or else expanded or modified the primitive customs in order to adapt them 
to new conditions, felt, as did Ezekiel (cf. Ezek. 40-48), that they were 
simply the agents of Jehovah. 

To be sure, the concrete, naive form in which they often expressed this 
fundamental belief cannot be interpreted with a blind literalness. The 
declaration that Jehovah talked face to face with Moses or wrote with his 
finger on tablets of stone reflects the primitive, anthropomorphic conceptions 
of God which are so prominent in the story of the Garden of Eden and the 
earliest patriarchal narratives. But this is only the early graphic manner 
of stating the eternal fact that God communicated his truths directly to his 
prophets and people, and inscribed a knowledge of his law, not with his finger 
on perishable stone but by means of individual and national experiences, 
upon the imperishable consciousness of the Israelitish race. The process 
of revelation was indeed more natural and sublimely accordant with God's 
methods of accomplishing his purpose than Israelitish tradition pictured it; 
and yet these concrete pictures impressed upon the minds of the early Hebrews 
the divine origin of the law much more clearly and vividly than a more exact 
and therefore more abstract statement of the fact would have done. 

9 



ISRAELS LAWS AND TRADITIONAL PRECEDENTS 

Pro- For the child now, as for the human race in its childhood, these concrete 

Sure 6 pictures have a practical value, for they emphasize the essential truth that the 
°. f . ancient laws embody the will and possess the authority of God himself. To 
revela- some mature minds, however, that picture language obscures the almost 
through equally important fact that the revelation of God's will through the Old Testa- 
thelaw men t laws was progressive and adapted to the developing consciousness of 
the race. A torah was given only when demanded by human needs, and origi- 
nally it gave in each case specific directions to anticipate those immediate 
needs. That the different laws and codes reflect the developing moral and 
religious consciousness of many different ages, the character of the laws 
and codes themselves is conclusive evidence. The testimony of Israelitish 
history also confirms the conclusion that the ethical standards and laws 
varied greatly from generation to generation. Acts like the torture of enemies 
(II Sam. 8 2> 13 ) or the sacrifice of human beings to appease Jehovah (II Sam. 
21 16 ), which were regarded as entirely legitimate by David and his con- 
temporaries, were unsparingly condemned by an Amos (l 3, 13 ) or a Micah 
(6 7 » 8 ). Jesus himself proclaimed the fundamental principle of religious evo- 
lution to be, First the blade, then the ear, and then the full corn in the ear. His 
statement, that he came to fidfil the laiv, that is, to bring it to full and perfect 
expression, is equivalent to affirming that it represented a progressive unfold- 
ing not yet complete. Repeatedly he declared, Ye have heard that it was said 
to them of olden time, but I say to you, and then proceeded to substitute for 
the ancient law T a nobler command. 
Origin It was only very late Judaism that attributed all the Old Testament laws 
tradi- *° one man ano ^ a g e - There was a twofold reason for this; it was partly due 
tional t a mistaken worship of the authority of the past, a worship which failed to 

COHC£D~ 

tionof realize that God's revelation w T as progressive, leading upward rather than 

* e aw downward; and it was due partly to the tendency of later rabbis to recognize 

as authoritative only those books which were associated with the name of 

some early prophet or hero of the faith, such as Samuel or David or Solomon 

or Isaiah. The Old Testament itself, as is well known, does not directly 

attribute to Moses the literary authorship of even a majority of its laws; 

the passages that place them in his mouth belong to the later editorial 

framework of the legal books. 

Moses' The oldest records of Moses' work, and the history of the torah, suggest 

iafioiT the great leader's real relation to Israelitish legislation as a whole and justify 

Q 1( [ he the title, The Law of Moses, so often applied to that legal lore. As a prophet 

Testa- and leader he called the Israelitish race into being; and he it was who 

legi'sla- inspired it with ideals, moral and religious, of which its later history and 

tion institutions were but the realization. There are good grounds for believing 

that the simple religious principles which he impressed upon his people were 

but the germinal ideas which, in the school of trying national experience, 

gradually unfolded into the torahs of the subsequent prophets and priests. 

His own age had no need of elaborate written codes. To his followers in 

the desert the detailed laws which grew up about the later monarchy and 

temple would have been meaningless. Exodus 18 1327 tells us that he gave 

the Israelites of his day what they needed; and the need was definite, detailed 

10 



THE ORIGIN AND GROWTH OF ISRAELITISH LAW 

directions and decisions on questions of doubt or dispute as these questions 
arose. From morning until evening the people crowded about him to inquire 
the will of God ; and like a Bedouin sheik or a priestly judge of later Israelitish 
history, he investigated each case and rendered a decision. As he thus de- 
cided which of two litigants was in the right, he also made known the statutes 
of God and his decisions, and thereby laid the foundation of later Israelitish 
law. As customary law gradually grew up on this concrete foundation, 
tradition naturally attributed its origin to Moses. When later scribes codified 
and committed to writing the constantly expanding body of oral laws, they 
also preserved the traditions of Mosaic origin. Even though they modified 
or supplemented the older laws in order to adapt them to new conditions and 
to embody the higher principles set forth by later prophets, they felt neither 
desire nor justification for altering the traditional title. The tendency, rather, 
of exilic and post-exilic Judaism was so to magnify and give graphic expres- 
sion to the ancient title that practically all of the Old Testament laws were 
made to come directly from the mouth of Moses. 

In the same dramatic manner are set forth the two great truths that The 
underlie the authority of Israel's laws. The first truth is: back of the laws auTEfr- 
lie the work and teachings of the great prophets of Israel who proclaimed jty un- 
the exalted principles which the laws embody. The second truth is: back of ing 
the prophets, and speaking through them and the conscience of the Israelitish la ^ ae s 
race, was Israel's God. The various processes and stages whereby the different 
laws attained their final form may be traced in detail; but they are of minor 
importance compared with the supreme fact that Israel's laws contain God's 
directions, adapted at each point to the intelligence and needs of the race. 

The fact that many of Israel's laws and institutions were inherited from The 
an older Semitic past does not affect the divineness of their origin; to receptive ™^f 
souls, however limited their spiritual perspective, the infinite God has in all JjJ^ 1 ' 8 
ages and to all races revealed truth as fast as they have been able to receive 
it. Hammurabi and most ancient lawgivers not only acknowledged but 
openly proclaimed their debt to the Divine. Israel received much from the 
past; but more than this, she developed unceasingly her own gift; her laws 
take on a wide human significance because they constantly incorporate the 
ampler principles enunciated by the nation's inspired prophets. It is this 
new element, reflecting as it does a nobler conception of God, of duty to him 
and to fellow-men, that makes the Old Testament laws unique. 

We have referred to the part played by torah; there are still other Old Testa- Mean- 
ment legal terms equally suggestive of the processes by which Israel's laws JJf s £_ * 
gradually grew. Mishpat, derived from the same root as the Hebrew word g£<£ 
for judge, meant originally a judgment or a decision given in connection with ion 
a specific case. Like torah, however, it was soon used to designate the enact- 
ment or law which grew up on the basis of the original decision, and embodied 
its underlying principle. In this sense it is used in Exodus 21 1 and 24 3 , 
as a title to the body of specific laws found in Zl 1 -^ 27 (introduced in 
each case by when or if) which anticipate certain crimes and prescribe definite 
penalties. At first it appears to have included only civil laws, as in Exodus 
and Numbers 27 11 and 35 24 , but in time it was applied to ceremonial laws 

11 



ISRAELS LAWS AND TRADITIONAL PRECEDENTS 

as well {c. g., Lev. 18 4> "'• -*', 19 37 ). In the historical books it is sometimes 
used in the sense of custom, suggesting the intermediate stage between a verbal 
decision and a fixed law. 
Other The other synonyms for law are comparatively late. Commandment is 
\JJ W a characteristic term in the Deuteronomic legislation. It emphasizes the 
eyno- divine authority back of the given law (e. g., Dt. 4 2> 40 , 5 29 > 31 ). Testimonies 
for law (edwoth, Moth) is another Deuteronomic term (Dt. 4 45 , 6 17 - 20 ), especially 
applied to moral and religious enactments solemnly proclaimed and attested 
by Jehovah. Precepts (pekkudim) is found only in the Psalms (note especially 
Ps. 119). Statute, from a root meaning to inscribe or engrave, suggests a 
period when writing on stone was well known. This term recalls the divine 
command to Isaiah (Is. 8 1 ) to write the essence of his prophecy on a tablet 
and set it up before the eyes of the people. The practice of inscribing the 
more important laws on tablets and putting them up before the people was 
common in antiquity, as witness the Code of Hammurabi, the Gortyan 
Laws of Crete, and the Twelve Tables of the Romans. The word statutes 
also occurs frequently in the Deuteronomic and priestly codes and suggests 
that the custom was not unknown among the Hebrews (cf. Dt. 27 2-4 ). In 
general it emphasizes the importance and established authority of the laws 
thus designated. 
Author- In the light of these studies, and of analogies among other kindred peoples, 
{hat it i s thus possible to trace definitely the processes by which Israel's individual 
ciered ^ aws came mto being. The original decisions that constituted the prece- 
the dents upon which oral and customary law grew up, were rendered, (l) by 
ded- na regularly appointed judges, usually leaders of the nation like Moses or heads 
wh.Jh of families (e. g., Ex. 18 13 " 26 , Dt. I 9 " 18 ); (2) by military chieftains or kings 
shaped like David. In I Samuel 30 24 - 25 , for instance, there is a most instructive ex- 
lawj ample showing that the law regarding the distribution of booty, which Numbers 
31 27 attributes to Moses, first arose as the result of a decision given by David after 
an expedition against the Amalekites. In addition to the authorities instanced 
under (l) and (2), we have to add (3) that the great majority of the Old Testa- 
ment laws doubtless grew out of the decisions of the priests (Mai. 2 6 - 7 ),or 
(4) later, out of the renderings of the supreme court of appeal at Jerusalem 
(Dt. 17 8 ' 12 ). 
Edi- There is no evidence, however, that a special legal commission or legislative 

work of body was ever intrusted w r ith the task of formulating laws or of collecting 
the or codifying existing customs. This was contrary to the theory of ancient 
Israelitish law, the origin of which was early traced back directly through 
Moses, or the torahs of the priests, to Jehovah himself. To the priests, as 
proclaimers, interpreters, and guardians of the torah, fell the responsibility 
of collecting and codifying and also of developing the law. This is distinctly 
implied in Zephaniah 3 4 and Ezekiel 22 26 , where they are charged with having 
done violence to the torah. Thus the theory and practice underlying Israelit- 
ish law explain how it was possible readily to absorb foreign elements and at 
the same time to develop in accord with the higher moral standards and needs 
of each age. 

In the history of Israel's legal system five distinct periods may be dis- 

12 



THE ORIGIN AND GROWTH OF ISRAELITISH LAW 

tinguished. The first is the nomadic, the period which preceded the settle- The 
merit in Canaan. At this stage the customary Semitic law of the desert, gj e e at 
supplemented by the specific rulings of their leaders and priests, sufficed epochs 
for the people's simple needs. The second may be designated as the early devet 
agricultural or Canaanite period. It began with the settlement in Canaan £{? ment 
and extended down to the revolution of Jehu in 842 B.C. It was then that the Israel's 
nomadic Hebrews gradually absorbed the Canaanites by conquest and inter- 
marriage and adopted largely their civilization, laws, institutions, sanctuaries, 
and, as the prophets frequently complain, not a few of their religious ideas 
and customs. The third may be denominated the prophetic period; that 
during which the great heralds of ethical and social righteousness impressed 
their new and revolutionary principles upon the conscience of the race. This 
period, extending from 842 to 58G b.c, was one of intense political and religious 
activity. It was in the interval between these two dates that the great moral 
and humane laws probably took form. The fourth period embraces the 
exilic and post-exilic times; it extends from 586 to about 300 b.c. The nation 
rested under the shadow of the exile, and its religious leaders under the spell 
of the Babylonian and Persian religions. With the hierarchy in the ascendancy, 
the whole tendency of the age was toward ceremonialism. The end of this 
period marks the probable date at which the canon of the law was closed. 
The fifth period is that of the oral law, and extends on beyond New Testament 
times. In theory the legal canon was forever closed, but in practice the 
expansion of the law still went on in the schools of the scribes. Until after 
the fall of Jerusalem (70 a.d.), however, the results of these scribal labors 
were preserved simply in the form of oral tradition. 

Until the exile wrought a radical transformation in their habits, the Israelites The 
were not, as were the ancient Babylonians and Egyptians, a literary people. [jSfod 
Abhorring commerce as they did, their life was comparatively simple; their of oral 
own individual and national problems commanded most of their attention, mission 
Oral communication being easy, it was not until real needs arose that laws 
were likely to be committed to writing, or, at least, to gain wide currency in 
written form. Even the Book of the Covenant, though solemnly accepted 
as law in the days of Josiah, was simply read to the people (II Kgs. 23 2 ). 
There is no evidence that more than one copy of it was made at the outset. 
In the numerous introductions to the laws in the Pentateuch, introductions 
written comparatively late, the references are chiefly to the oral reception and 
presentation of those laws. Only in connection with the early decalogues 
is it distinctly stated that they were written down (e. g., Ex. 24 4 , 31 18 , 32 16 , 
34,27, 28 ? j)t 9 10 ); and then the aim of the statement is to emphasize their 
divine origin. During the nomadic period there was no need for written 
laws. 

The ultimate conquest of the Canaanites and the absorption of their civili- The 
zation, gave the Hebrews their system of writing; in all probability, also, it traces^ 
introduced them directly or indirectly to the legal codes inherited from ofwnt- 
Babylonia. It is possible that certain rules for the guidance of judges were laws 
placed on record as early as the days of David. The reference in Hosea 8 12 
may seem to imply the existence in Northern Israel of written torahs or direc- 

13 



ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS 

tions; but the context indicates that they were simply the moral teachings of 
the prophets, applied, possibly, in the form of laws to the life of the people. 
For the nation as a whole, oral law and custom undoubtedly sufficed far 
into the prophetic period, even until the reformation of Josiah, an 
event which we know was based on a definite written code. And the 
account we have of that reform movement makes it clear that the Book 
of the Covenant had its genesis in the desire to correct prevailing usages 
and to regulate the life of the nation in accordance with the new doctrines 
of the prophets. 
Influ- The influences most potent in promoting the growth and study and use of 
o? the tne written law date from the beginning of the Babylonian exile. It was then 
e £ ile that writing became the principal means of communication between the 
made scattered remnants of the Israelitish race. The example of the Babylonians 
raelites an( ^ Egyptians, among whom the leaders of Israel found themselves, could 
a liter- hardly fail to influence them. With the future of their race and religion 
race depending largely upon the preservation of the rich heritage from the past, 
with the temple and sacred city in ruins and the ceremonial institutions in 
abeyance, the demand became imperative for written records of the customs 
and rules hitherto transmitted from priest to priest by usage and oral teachings. 
Torn from the temple and without occupation, the priests had, likeEzekiel, 
both leisure and incentive to become scribes and cast their inherited customs 
and laws into permanent form — a literary form which at once conserved 
Israel's heritage and adapted it to the changed conditions and beliefs that 
the exile brought in its train. Hence during the period beginning a little be- 
fore 621 and ending about 300 b.c. with the closing of the canon of the law, 
the great majority of the Old Testament laws were, it is safe to say, not only 
first committed to writing, but also edited, codified, and given their final 
form. 
Testi- The character and present literary structure of the Old Testament laws con- 
£f° t he firm, at every point, the plain implications of Israelitish history and contem- 
th WS poraneous reference. Among the many indications of their gradual unfolding 
selves into successive codes is the fact that the same law is often repeated twice and, 
gradual m som e cases, four or five times; a fact obviously inconsistent with the late 
growth Jewish theory of their derivation from the one age and lawgiver. Then again, 
laws dealing with the same subjects as, for example, those defining the rights 
of slaves, inheritance, and temple dues, are found to stand in a progressive 
relation to each other; for in Deuteronomy these laws are given with much 
detail and often fundamentally modify the similar enactments in Exodus 21- 
23; and in Leviticus the corresponding laws introduce various other elements 
not logically consistent with the preceding, if all are assigned to the same 
age. Furthermore, certain laws supplant each other; as, for example, that in 
Deuteronomy 12, decreeing that all sacrifice must be offered in Jerusalem, is 
in obvious contradiction to the law of Exodus 20 24 - 26 ; since this law in Exodus 
provides for the rearing of a sacrificial altar at any suitable place and is in 
perfect keeping with the prevailing usage until the days of Josiah (cf. e. g., 
I Sam. 9 12 - 22-25, i Kgs. l&W). 

There is further evidence, of the most convincing character, that the various 

14 



THE ORIGIN AND GROWTH OF ISRAELITISH LAW 

groups of laws come from different ages and schools of writers; it is to be Evi- 
seen in the radical difference of vocabulary and literary style existing between that* 
the various groups. When it is also noted that these several groups have the the y 
characteristics of the early prophetic, the late prophetic or Deuteronomic, from 
and the priestly narratives of the Pentateuch, respectively, the criteria are at ei?*" 
hand by means of which the individual laws may be distinguished from each schools 
other and their approximate dates determined. Guided by these unmistak- writers 
able evidences and aided by the tireless labors of the scholars of the two cen- 
turies past, the student of to-day is able to rearrange the Old Testament 
laws in their approximate chronological order, and, on the basis of this order, 
trace the unfolding of Israel's legal and ceremonial institutions from the age 
of Moses to the days of Nehemiah (for a graphic representation of the 
growth and approximate dates of the codes cf. Frontispiece). 



15 



Ill 

THE PRIMITIVE HEBREW CODES 

The Since the priests did not write their history until after the exile (cf. Introd. 

early 1 * °f Vol. I, p. 47), the place to look for the primitive records of Hebrew law is 
Judean m t} ie early Judean prophetic narratives, committed to writing about 800 b.c. 
lugue (cf. Introd., Vol. I, pp. 31-37). In Exodus 34, the major portion of which is 
now generally assigned to these narratives (cf. Vol. I, note § 76), is found 
what appears to be the oldest recorded group of Hebrew laws. Like all 
ancient enactments they have been supplemented by many later hortatory 
and explanatory additions, which indicate incidentally the great importance 
attributed to the oldest laws by later generations. When these additions are 
removed the original laws are found to consist of ten brief words or command- 
ments; thus the designation in Exodus 34 28c , And Moses lorote upon the tablets 
the words of the covenant, the ten commandments. According to the early 
Judean prophetic tradition associated with them, they are the original ten 
commandments written by Moses at Jehovah's dictation on two tablets of 
stone (Ex. 34 la> 4 > 27 > 28 ). In the oldest Hebrew narratives, therefore, they 
are given the central position in the entire Old Testament legal system. This 
position is also supported by the fact that each of the regulations of that 
primitive decalogue is repeated in the same or expanded form elsewhere in 
other groups of laws. That most of the regulations are reproduced four or 
five times in successive codes, indicates how great was the authority and im- 
portance attributed to them by late lawgivers. 
Its The further evidence of their being the primitive corner-stone of Israelitish 

ab?e " legislation is confirmed by their character. They define religion in the terms 
date f the ritual; they come, therefore, from a period long antedating Amos and 
Isaiah, both of whom defined religion in terms of life and love and service. 
In common with the utterances of all early religions these primitive com- 
mands emphasize simply the cultus. They do not necessarily condemn all 
representation of the Deity by images. Even the injunction, Thou shalt make 
no molten images, leaves a place for the family teraphim, the pillars, and the 
sacred symbols that figure in the stories of the patriarchs. This command 
simply prohibits the molten images made, probably, by foreign workmen and 
in imitation of heathen models; and possibly the second command in its present 
form (Ex. 34 17 ) is a Judean protest against the calves overlaid with gold, 
such as were set up by Jeroboam I at Dan and Bethel. The first command 
emphasizes the principle publicly enforced by Elijah, namely, that Jehovah 
alone shall be acknowledged as God by the Israelites. The remaining laws 
en join the faithful observance of the three great annual feasts, and the sabbath, 
and the offering of the customary sacrifices according to the demands of the 

16 



THE PRIMITIVE HEBREW CODES 

early ritual. At least three of the commands assume that the Hebrews are 
agriculturists, and therefore already settled in Canaan. Others, as for ex- 
ample the command not to seethe a kid in its mother's milk, are clearly in- 
herited from the nomadic period, and may well go back to the days of Moses. 
As a whole, however, these ten words in their present form cannot be definitely 
dated earlier than the days of the united kingdom. 

This decalogue appears to have had a place from the first in the early Judean Evi- 
narratives. Important evidence has already been presented (Vol. I, notes t hat!t 
§§ 75, 76) to the effect that the familiar prophetic decalogue of Exodus 20 1 " 17 was 
was substituted by a late prophetic editor for the older decalogue of Exodus origi- 
34. The importance of the former amply justified the transfer, although it ^re- 
assigned to the beginning of Israel's history certain principles (as, for example, diately 
the rejection of all images) which were only gradually revealed to the more Exodus 
mature consciousness of the race. This substitution, however, was in perfect 
keeping with the tendency that finds illustration in every department of Old 
Testament literature. In the light of the higher teachings and ideals of the 
prophets, the primitive definition of the obligations of the people to Jehovah 
had been supplanted by one much nobler. Exodus 19 25 states that Moses 
had gone down from the mount of revelation, although its present sequel 
(Ex. 20 1-17 ) implies that he was still on the mountain in the presence of God. 
The natural and immediate continuation of the early Judean prophetic narra- 
tive of 19 20 " 25 is found not in 20 but in 34; for the latter opens with the 
command to Moses to go up again on the mountain with tablets to receive 
the words of the covenant (cf. for the restored order, Vol. I, §§ 183, 184). 
The reference to the second tablets of stone in lb - 4b are evidently from the 
editor who substituted the prophetic decalogue of Exodus 20 1 " 17 . Fortunately 
he preserved the older version by resorting to the harmonistic method often 
employed by the editors of the Pentateuch when confronted by two conflicting 
parallel versions, and assigned it to a later setting. The Ephraimite or 
Northern Israelitish account of the sin of the people and of the destruction 
of the two tablets (32 15-19 ) suggested a method of reconciling the presence of 
two distinct decalogues. Accordingly the editor introduced the older immedi- 
ately after this account. The great inconsistency of his theory, however, is 
left unreconciled; for he offers no hint or explanation why one decalogue 
was inscribed on the first tablets and a totally different one on the duplicate 
tablets, notwithstanding the fact that the context clearly implies identical 
contents in both cases. 

Deuteronomy confirms (5 22 » 31 , 6 1 ) the testimony of the earliest source, Origi- 
that only ten words or commands were publicly given to Moses at the mount JJo si _ 
of revelation. This evidence is important, for it clearly implies that when *jj> n of 
the original book of Deuteronomy was written the additional laws now associ- laws 
ated with Sinai must have stood in a different connection. The suggestion ?°und 
of the learned Dutch scholar, Kuenen, is at least plausible. It is that the in d Ex " 
editor who assigned the Deuteronomic code to its present position in Israel's 20 2 3- 
history, just before the crossing of the Jordan, did so because this was already 
the setting of the main collection of primitive laws. The only considerable 
body of early Hebrew laws of which there is any record is that now found in 

17 



ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS 

Exodus 20 23 -23 19 . A position at the close of Moses' career and just before 
the people passed over the Jordan to enter upon that agricultural life of Canaan, 
which these laws contemplate, was most appropriate. But in following this 
ancient precedent for the assignment of the body of the laws of Deuteronomy 
to this setting, it was impossible for the editor to leave the older enactments 
there, for the Deuteronomic legislation modifies and in some cases absolutely 
annuls certain of their commands. Nothing remained, therefore, but to 
transfer them to the earlier setting and to join them, as now found, with the 
ten words. This, be it noted, was in perfect harmony with the tendency, 
traceable from the exile, to associate more and more of Israel's laws with the 
initial revelation at Sinai. It was, moreover, exactly parallel with the corre- 
sponding tendency to attribute all to Moses. 
Origi- The theory that the code in Exodus 20 23 -23 19 was transferred from a 
Sni ty later setting to its present position by a late prophetic editor, certainly has the 
depen- a d vanta g e °f explaining, in a simple and reasonable manner, a great number 
dence of most puzzling facts. It may be questioned, however, whether the whole 
Judg* of this composite group of laws or only the major collection of case laws 
in^xo- f° un d m ^l 1 -^ 10 was thus transferred. The unity of this group is clearly 
dus2i- marked. They all deal with civil and criminal questions. They all employ 
practically the same formula and are expressed in the third person rather than 
the second person singular. They are also introduced by the independent 
superscription : Now these are the Judgments that thou shalt set before them 
(21 1 ). If these Judgments were not originally found among Moses' farewell 
words, they may appropriately have followed the account in Exodus 18 13 " 26 
of his work as judge, but this hypothesis suggests no sufficient cause for their 
transfer. Hence, Kuenen's conjecture is still the most probable. Their 
remarkable unity in form and content, and the presence also of a distinct 
superscription, leaves little doubt that they once constituted an independent 
group by themselves, and that they did not originally stand in the midst of 
the collection of ceremonial and humane laws which they divide into two 
unequal parts. 
Dat« The first question to be answered, therefore, is, What were the origin and 

and 
igin 
the 

ing later explanatory and hortatory glosses can be readily recognized (e. g., 22 21b « 
monial 24 > 23 9b » 13, 15b ); but the majority evidently came from an early period in 
mane 11 I srae l' s history. The permission to build altars and offer sacrifices at many 
laws different places (Ex. 20 24 " 25 ) suggests either greater antiquity than even 
Exodus 34 26 , or else the less restricted usage of Northern Israel. Further- 
more, this permission is one of the primitive regulations abrogated by Deuter- 
onomy 12. There is nothing in these groups of laws distinctly pointing to a 
date later than that of the united Hebrew kingdom. Their vocabulary 
connects them with the early Ephraimite rather than the Judean narratives. 
The early prominence of the prophets, the broader and more complex life of 
the northern kingdom, lead us to expect that there, rather than in little Judah, 
legal institutions first expanded and found record in detailed written 
laws. 

18 



primary position of the small groups of ceremonial and humane laws which 
° f m h ?n- remam (20 23-26 , 22 18 -23 19 ) after the Judgments have been removed ? Some 



THE PRIMITIVE HEBREW CODES 

The ceremonial enactments are but the repetition or expansion of the laws Their 
in Exodus 34 ; laws which are the prototypes of the later and more detailed char- 
priestly laws of Leviticus. The humane commands reflect the spirit of the acter 
early Ephraimite narratives and embody certain fundamental ethical prin- 
ciples, like those of kindness to the poor and justice toward dependents, which 
are constantly assumed by Amos and Hosea in their addresses to the Northern 
Israelites as universally accepted. They represent the early Hebrew formu- 
lation of the noble humanitarian ideals that had already been partly incor- 
porated in Hammurabi's code and that were destined later in Israeli tish 
and Christian law to find their fullest and most exalted expression. 

It is a most significant fact that within this rather heterogeneous collection The 
there are found in three groups, which stand by themselves (20 23 , 22 29 " 31 , and version 
23 12 " 19 ), practically all of the ten words of the primitive Judean decalogue in ? f !i he 
Exodus 34. The many and striking variations in order and form furnish deca- 
conclusive proof that the two decalogues represent distinct versions and not ogue 
mere scribal transcription from one original. Of course, the exact form and 
content of the ten words or commands alluded to in Exodus 34 28b , and found 
in the preceding verses of the same chapter, cannot be absolutely determined, 
since they have been expanded and supplemented by later explanatory notes. 
Likewise, the initial commands in Exodus 20 23 have evidently been changed by 
a later editor; for, under the influence of the obviously later introductory 
phrase ( 22b ), the prevailing form of address in the second person singular 
(thou) has been changed to the second person plural (ye). The frequency of 
this particular change is illustrated by a comparison of the variations of 
identical passages in the Greek and Hebrew versions — even where there is no 
apparent cause (e. g., Ex. 22 18 > 20 - 23 ). Conversely, in Exodus 21 2 the regular 
formula of the judgments has been changed from the third to the second person 
singular, because this form is found in the immediately preceding passage. 
The following table will facilitate the comparison of the two versions of the 
primitive decalogue; in it the order of the Judean has been followed and the 
fuller form given. The original thou of Exodus 20 23 has also been restored. 
The first command has evidently suffered in transmission, for in its present 
form it reads, Ye shall not make with me, and the Greek version represents 
a futile attempt to correct it. It is exceedingly probable that this command was 
originally identical with the Judean version. 



Early Judean Prophetic Version 

I. Exodus 34 14 Thou shalt worship 
no other God, for Jehovah, whose name 
is Jealous, is a jealous God. 

II. 17 Thou shalt make thee no molten 
gods. 

ni. 18a The feast of unleavened 
bread shalt thou observe: seven days 
shalt thou eat unleavened bread. 



19 



Early Ephraimite Parallel 

Exodus 20 23a Thou shalt The 
make no [other gods] with me ( ?). V a°i an t 

ver- 

20 23b Thou shalt make thee ofX 
no gods of silver or gold. Jive"" 

23 isaf/he feast of unleavened deca - 
bread shalt thou observe: seven 
days shalt thou eat unleavened 
bread. 



ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS 



Early Judcan Prophetic Version 

IV. 19. 20a, bj£ ver y first-born is mine: 
even all the male cattle, the first-born 
of ox and sheep. And the first-born of 
an ass shalt thou redeem with a lamb; 
and if thou wilt not redeem it, then thou 
shalt break its neck. All the first-born 
of thy sons shalt thou redeem. 

V. 21 Six days shalt thou toil, but on 
the seventh thou shalt rest; in plowing 
time and harvest thou shalt rest. 



VI. 22 Thou shalt observe the feast 
of weeks, even of the first-fruits of wheat 
harvest, and of the ingathering at the 
end of the year. 



VII. 25a Thou shalt not offer 
blood of my sacrifice with leaven. 



the 



VIII. 25b The fat of the feast of the 
passover shall not be left all night until 
the morning. 

IX. 26a The best of the first-fruits 
of thy land shalt thou bring to the house 
of Jehovah thy God. 



X. 26b Thou shalt 
in its mother's milk. 



not seethe a kid 



Early Ephraimite Parallel 

2 o 29b, 30 The fi rs t-born of thy 
sons shalt thou give to me. Like- 
wise shalt thou do with thy ox and 
thy sheep; seven days shall it re- 
main with its mother; on the 
eighth day thou shalt give it to me. 

23 12 Six days thou shalt do 
thy work, but on the seventh thou 
shalt rest, that thine ox and thine 
ass may have rest and that the son 
of thy handmaid and the resident 
alien may be refreshed. 

16 [Thou shalt observe] the 
feast of harvest, the first-fruits of 
thy labors, which thou sowest in 
the field, and the feast of ingather- 
ing at the end of the year, when 
thou gatherest in thy labors from 
the field. 

23 iSaxhou shalt not offer 
the blood of my sacrifice with 
leaven. 

18b The fat of my feast shall 
not be left all night until the morn- 
ing. 

22 2 9aThou shalt not delay 
to bring offerings from the abun- 
dance of thy harvests and the out- 
flow of thy presses. 

23 i9bxhou shalt not seethe 
a kid in its mother's milk. 



Signifi- 
cant 
points 
of 

agree- 
ment 
ami 
varia- 
tion 



It is possible that the command in Exodus 34 20c , none shall appear before 
me empty, is original. It departs, however, from the prevailing formula; 
in Exodus 23 15c it breaks the connection and is probably a scribal insertion 
from 34. Its content also strongly suggests that it is a later addition; but, 
if not such an addition, the eighth command could reasonably be counted 
as one. Even if this change be adopted, the close correspondence between 
the two versions is not affected. In four cases (III, VII, VIII, X) this 
correspondence is absolutely identical ; in purport it is complete throughout 
the ten words. Both the variations and the remarkable points of agreement 
can be explained only on the hypothesis that they go back to a common 
original. 

It is sometimes claimed that the Ephraimite prophetic narratives had no 

20 



THE PRIMITIVE HEBREW CODES 

decalogue; yet such statements as those in Exodus 24 3, 12a , 31 18b , 32 16 Evi- 
(which belong to the northern history), plainly declare that it, like the early thauhe 
Judean prophetic narratives, at first contained only the laws of the decalogue ^phra- 
inscribed on two tablets. Exodus 20 21, 22a is probably the original Ephraimite narra- 
introduction to the ten words or brief commands that once immediately *JJJf_ s 
followed it, an introduction giving the account of the covenant at Horeb tained 

n rices, - 

as that account originally stood in the Ephraimite narrative before the ad- logue 
ditional religious and humane laws were combined with it. 

While it is impossible to determine with absolute certainty the exact form Date 
of the original ten words or commands underlying the two early prophetic original 
decalogues, the probabilities all go to show that they antedate the division deca - 

. . . . logue 

of the two kingdoms in 937 B.C. In the light of all the evidence obtainable 
there is good ground for concluding that this original decalogue was promul- 
gated at least as early as the days of the united monarchy. The character of 
its commands, and their prominence in all later codes, strongly support this 
comparatively early date. 

On the basis of the two variant versions it may be conjecturally restored Its con- 
as follows: restorJ- 

I. Thou shalt worship no other God. tlon 

II. Thou shalt make thee no molten gods. 

III. The feast of unleavened bread shalt thou observe. 

IV. Every first-born is mine. 4 

V. Six days shalt thou toil, but on the seventh thou shalt rest. 

VI. Thou shalt observe the feast of weeks and ingathering at the end of 
the year. 

VTI. Thou shalt not offer the blood of my sacrifice with leaven. 

VIII. The fat of my feast shall not be left until morning. 

IX. The best of the first-fruits of thy land shalt thou bring to the house 
of Jehovah. 

X. Thou shalt not seethe a kid in its mother's milk. 

Two significant facts should here be noted : first, the persistence of the Persist- 
tradition that this simple primitive decalogue was early inscribed on two tablets the 6 ° 
of stone; second, the emphasis that is laid upon it in all the different groups j;F adl ~ 
of narratives, except the late priestly, which substitutes for it the large body the two 
of legislation found in Exodus 26-31,35-40, and Leviticus. The different tablets 
prophetic versions only reveal variations that are inevitable when a very 
early tradition is transmitted through different channels. The early Judean 
prophetic narratives represent the words as having been written on the tablets 
by Moses (Ex. 34 27 ' 28 ). The early Ephraimite narratives state that the 
words were inscribed on the two tablets by the finger of God (Ex. 24 12 , 31 18b ). 
The Deuteronomic narrative as usual follows the Ephraimite tradition (Dt. 
5 22 , 9 9 < 10 ). A later Deuteronomic editor, possibly the one who transferred 
the early Judean decalogue to its present position in Exodus 34, reproduces 
the contents of that chapter; but at one point he abandons it in favor of the 
later tradition representing Jehovah himself as writing the words (Dt. 10 4 ). 
He also adds (possibly following a lost Judean original, or the temple records 
quoted in I Kgs. 8 9 ) that at Jehovah's command Moses, before going up on 

21 



ISRAELS LAWS AND TRADITIONAL PRECEDENTS 

the mount to receive the tablets of the law, prepared an ark of acacia wood, 
and that when he returned he put them in the ark that he had made (Dt. 
1 2, 3, 5), 

Ele- In the light of these facts it seems clear that the original tradition, namely, 

2£m- tS tnat tne earliest decalogue was written on two tablets of stone, also goes back 
mon to a t least to the early days of the united monarchy, a time when both the 
earliest North and the South shared it in common. Furthermore, a tradition so 
Sve? persistent must have had an historical basis. The variations can easily be 
traced to the different narratives in which they appear; but the permanent 
elements, shared by all versions, are: (l) that the ten words were presented 
to the people by Moses as Jehovah's prophet; (2) that they were promulgated 
at the mount of revelation; (3) that they contained the terms of the solemn 
covenant which bound Israel as a nation to Jehovah; and (4) that they were 
inscribed on two tablets of stone. 
Evi- Of the elements just named the first is exceedingly important, for it repre- 

ofaif sents the genesis of that tendency, which later became so prominent, to 
original attribute the giving of the law to Moses. The second reflects the beginning 
oral of that parallel tendency to trace the origin of legal institutions to the begin- 
logue nm g °f Israel's history, which ultimately led the later editors of the law to 
associate the great body of the Old Testament legislation with Mount Sinai. 
As has already been noted, the contents of these commands support the con- 
clusion that at least the majority of them may well come from the time of Moses. 
In early Hebrew thought Sinai-Horeb long continued to be regarded as the 
place where Jehovah dwelt and where he could be consulted. The account 
of Elijah's flight to Horeb is a familiar illustration of this belief (I Kgs. 19 8 " 14 ). 
Back of the decalogue in its present versions, anticipating as they do settled 
agricultural conditions in Canaan, there was probably a more primitive 
oral decalogue, which came, as the tradition asserts, directly from Moses 
and the mount of God. 
Evi- The third element, the belief that the ten words embodied the terms of the 

that 6 original covenant which bound Israel as a nation to Jehovah, indicates that 
there when the early variant traditions first took form these ten words or commands 
early were regarded as possessing an absolute and unique authority. It is not 
logue too much to say that they represent the first stage in that process of canoniza- 
inscrib- tion which ultimately gave us the Old Testament. Out of a larger body of 
two traditional laws and institutions these ten commands stood forth invested 
tablets with overshadowing authority. By following their injunctions the continued 
protection and favor of Israel's national God was assured. What gave these 
ten words their commanding position ? The fourth permanent element in 
the tradition suggests the simplest answer. It was because they were actually 
inscribed on two tablets of stone, and in characters which in time became 
archaic. It is impossible satisfactorily to explain this early and constantly 
recurring motif in the tradition on any other basis. 

Excellent Semitic parallels are found in the Code of Hammurabi and 
the Marseilles tablet. The second example, although comparatively late, is 
especially to the point because it reflects a Phoenician, and, therefore, a Ca- 
naanite custom. The tablet was set up in a temple and was intended to guide 

22 



THE PRIMITIVE HEBREW CODES 

the people in the discharge of their religious duty in connection with the ritual Date 
(cf Appendix VIII). The command in Exodus 34 26a to bring the best ot hi tori _ 
the first-fruits of the land to the house of Jehovah thy God would also seem to g^ 
indicate that the oldest decalogue was closely connected with a specific of toe 
sanctuary; a sanctuary which, in the Judean narrative where it is found, ^ itten 
could have been none other than Solomon's temple. The testimony of the £*£ 
extract from the temple records found in I Kings 8 9 also connects the original 
ten words with the ark and Solomon's temple. Tradition, resting probably 
on an ultimate basis of fact, assigns their origin to Moses and the mount of 
revelation; but the varied historical data, as well as the needs of the situation 
and the spirit of the age, suggest that the primitive ten words were not put in 
written form until the reign of Solomon and in connection with the royal 
sanctuary reared by him. The decalogue form indicates that they were at 
first simply inscribed on the popular memory. 

A careful study of Exodus 20 23 -23 19 demonstrates, after two or three IhV 
obvious scribal errors have been corrected (e. g., 20 23 , 21 2 and 22 iy , where f ™ 
the Hebrew should be translated, a sorceress shall not live), that the religious **■ 
and humane laws are practically always cast in the form of a direct address and_ 
in the second person singular (thou), and that the civil and criminal laws, monial 
where a definite penalty is imposed, are always, as in the corresponding Code *** 
of Hammurabi, cast in the form of case law and employ the third person, 
never the second person singular (If a man do so and so, such shall be the 
penalty). The same distinction reappears in the older laws preserved in 
Deuteronomy, although that code, assuming as a whole the prophetic point 
of view, uses thou prevailingly. The care with which this distinction is 
maintained is illustrated by Exodus 21 14 , And if a man attack another mali- 
ciously to slay him by treachery; thou shalt take him from mine altar, that 
he may be put to death. The mention of the altar introduces the religious 
motif with the result that the corresponding thou is employed. 

The fundamental reason is probably because the appeal in the one case is Origin^ 
directlv to the individual conscience, and a penalty is rarely imposed; while distinct 
in the"other, the fear of punishment is the motif, and the specific laws are forms 
intended for the guidance of judges as well as the people. The civil and 
criminal laws also go back to earlier decisions and precedents as the ultimate 
basis of their authority, and aim simply to formulate and fix customs already 
largely in force. Here too, the indirect influence of Hammurabi's epoch- 
making code may perhaps be recognized in determining the form of the early 
Hebrew civil laws. It is in this connection significant that the superscription 
to the oldest Hebrew group (Sl 1 -^ 20 ) is but a variant of the title Judgments 
of Righteousness which Hammurabi gave to his collection of case laws. On 
the other hand, the direct address (thou) is alone employed in the religious and 
humane laws, probably because each command in the earliest decalogue 
was first given by a priest or prophet as divine torah, and m response to a 
specific question presented bv an individual; or else, as the traditions imply, 
because the first group of commands was addressed by Moses, speaking m 
the name of Jehovah, directlv to the nation collectively. 

The distinct form and classification of the civil and the religious laws in 

23 



ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS 

Origin the earliest collection indicate that, as among the Babylonians, these two great 

ciassifi- departments of Israel's laws originally grew up independently. Side by 

cation side with the ceremonial decalogues, which were in time supplemented and 

case expanded, the judgments or case laws were taking form. The early Ephraim- 

|j NVS ite prophetic tradition in Exodus 18 12 " 26 associates their beginning with 

judjf- Moses. The Judqmcnts in Exodus 2\ l -2% 20 are the earliest written 

m.6nts 

evidences of the growth of criminal and civil laws. By their use of the 
word Elohim instead of Jehovah (21 6, 13 , 22 8 ' n ),and by other linguistic 
marks, the Judgments reveal their relationship with the Ephraimite 
group of narratives. With this strand they are also connected in their 
present setting. 
Evi- Their setting, however, gives little aid in determining their date, for, as 

of their has been noted, they have been placed in their present position by some later 
da *, e editor of the book of Exodus. The laws themselves furnish the only real 
history answer to the question of their date. Many of them may come from Moses, 
Others assume the settled agricultural Conditions to which the Hebrews did 
not attain until after they entered Canaan (e. g., 22 5, 6 ). But Hebrew society 
is still primitive; there are no central courts of appeal; a decision can be 
secured at any one of the shrines or sanctuaries which the Israelites inherited 
from the Canaanites (Ex. 22 8 - 9 ); wealth consists of produce and cattle; 
the lex tahonis is still prominent, though the more civilized principle of com- 
pensation is being introduced. There is, indeed, no reason for doubting that 
the majority, if not all, of these laws were in force in Israel as early as the days 
of David and Solomon. Their early date is also confirmed by the central 
place that is assigned to them in all later civil legislation. These facts, how- 
ever, do not necessarily imply that they were committed to writing at this early 
time. If Kuenen's conjecture be correct, they were introduced into the Ephra- 
imite narratives (about 750 B.C.) in connection with Moses' farewell. Their 
remarkable unity (cf. p. 18) also suggests that they were possibly once current 
as an independent law book. This conclusion would explain, further, why 
they have retained their unity, though introduced into the midst of distinctly 
different laws. Possibly they were not associated with the Pentateuch until 
assigned to their present position by a late editor. The indications, both of 
form and content, strongly indicate they must have been formulated long be- 
fore 750 B.C. 
Com- The remarkable correspondence between many of these individual laws 
o7the >n an d those of Hammurabi, favors the conclusion that the principles under- 
Hebrew lying them, if not the detailed contents and form, were in part derived from 
with the older code through the Canaanites. They deal with similar questions 
Ham- f an d assume very much the same social conditions. Out of the forty-five 
murabi G r fifty judgments at least thirty -five have points of contact with the laws 
of Hammurabi, and fully half are in part parallel. The variations are in 
most cases traceable to the different spirit and circumstances of the two peoples 
from whom they come. Thus, for example, there are great differences in the 
penalties imposed. As a rule the older code, which comes from a populous 
commercial nation, is much more severe in punishing any infringement of 
the rights of property; while the Hebrew laws, coming from a people whose 

24 



THE PRIMITIVE HEBREW CODES 

numbers were comparatively small, are more strenuous in protecting human 
life. The penalty for stealing an ox in the Hebrew code is five oxen (Ex. 22 l ), 
but in Hammurabi's code thirty, or if the owner was a poor man, tenfold its 
value (§ 8). In general the same just and humane spirit is reflected in both 
systems, and the variations are those of degree rather than kind. The old law 
of an eye for an eye and a tooth for a tooth, however, still figures prominently 
in both. In the older code slaves for debt were to be set free at the end of 
three years instead of six (Ex. 21 2 ); under the Babylonian laws daughters 
had the right of inheritance, a right which was not granted to them in Israel 
until a much later period; the rights of widows also are more carefully guarded 
in the older code. On the whole, the Babylonian laws appear to reflect a 
much more highly developed stage of civilization; and this conclusion also 
favors the early dating of the Hebrew code. 

The points of close agreement are many. Especially is this true of the laws Signifi- 
of deposit (cf. Ex. 22 7 " 12 and Hammurabi's code §§ 9-11, 120, 124-26), Jfthe 
the punishment of kidnapping (cf. Ex. 21 16 and H. C. § 14), of injury to a Pfmts 
pregnant woman (cf. Ex. 21 22 " 25 and H. C. §§ 209-14), of sorcery (cf. Ex. agree- 
22 18 and H. C. §§ 1, 2), and the responsibility of shepherds (cf. Ex. 22 10 ' 13 ™T 
and H. C. § 266). That the later Hebrew code owes much to the older system gjj*- 
seems probable, for the atmosphere in which the former developed was 
surcharged with Babylonian legal ideas; yet the points of variation are so 
many and so significant that the originality and individuality of the Old Testa- 
ment code do not need demonstration. 

Both codes seek only to guard against crimes and to anticipate the more Com- 
common cases of dispute, and thus to establish principles and precedents to ^ r e a " 
guide judges in deciding similar questions. Where a customary usage is com- 
fixed, it is often assumed and not restated. Much was necessarily left to the nesstf 
discretion of judges. A study of the Hebrew code in the light of the needs b * w e * 
of early Hebrew society, leads to the conclusion that it is not a fragment of code 
a large code, but that the early code, with the probable exception of five 
laws, is preserved in its original and complete form. 

Furthermore, the civil code, unlike the corresponding ceremonial and The 
humane laws in Leviticus, Numbers, and Deuteronomy, has received only ^r 
a few later supplemental additions. These can readily be recognized. The ^~ 
penalty to be visited upon a son who reviles his father (21 17 ) was probably to it 
added by a scribe who was reminded of this law in Leviticus 20 9 by the very 
similar enactment in 15 . This, first written in the margin, has later been 
awkwardly introduced into the text in the midst of a group of laws dealing 
simply with assault. Similarly, Exodus 21 26 contemplates the same crime 
and is clearly the immediate sequel of 20 ' 21 . The primitive laws in 22 " 25 , 
which introduce a new subject, may well have been added by an early editor 
familiar with the corresponding Babylonian and Assyrian usage. The 
Greek translators recognized the difficulty, but failed to eliminate it. Exodus 
22 2 > 3 is evidently also an early gloss, for it separates verse 1 from its com- 
plement 4 and contains a different, although kindred, law. Furthermore 
2 - 3 assume that the thief is killed, while 4 provides for his punishment in 
case the thing stolen is still in his possession. 

25 



ISRAELS LAWS AND TRADITIONAL PRECEDENTS 

Earlier During the first part of the last century the German scholar Bertheau* 

tempts detected the presence of decads in this primitive code, although he failed to 

to re_ recognize the unity of each. Professors Ewald, Dillmann, and especially Pro- 
cover . « 
the fessor Briggs,"j" traced these groups of ten still further; Briggs also recognized 

deca- the recurrence of the minor unit five. Professor Paton,J by pointing out the 
logues secondary passages which had led preceding scholars astray, and by vigorously 
pen- insisting on the principle that each decad contains only laws bearing on 
closely related topics, succeeded in restoring four complete decalogues in this 
code and pointed out several more in the ceremonial and humane sections of 
Exodus 20 23 -23 19 . Professor Paton also called attention to the fact that 
the law in Deuteronomy 22 28 » 29 is identical with that in Exodus 22 16 , and 
that it is preceded (Dt. 22 10 " 19 ' 20 ' 21 . 22 « 23 " 24 . 2 5- 2 7) by a pentad of what appear 
to be primitive laws, all of w T hich relate to social purity and join naturally 
with the corresponding pentad in Exodus 22 16 » 17 » 18 - 19 » 20 , thus restoring a 
fifth decalogue. That Deuteronomy is based on the primitive codes, and 
that it contains certain early laws not found in the older collections, are facts 
now generally recognized. The assumption, therefore, that Deuteronomy 
has here preserved a pentad of laws, originally found in the primitive code, 
but removed by some editor or scribe to whose moral sense they were repug- 
nant, is exceedingly probable. 
Evi- Although the pentad regarding social purity (Ex. 22 16 ~ 20 ) has, hitherto, been 

t ka£ e in part assigned by scholars to the group of religious laws, it is clear that it 
^xodus all belongs to the collection of judgments. The form is the same; the thou 
belongs of the current translations of 18 is evidently due to a mistake. Hammurabi 
^ in his civil code (§§ 1, 2) provides for the punishment of sorcerers. Even 
original the law against sacrificing to an alien god was classified by the Hebrew law- 
ments givers among the enactments relating to social purity (Lev. 17 7 , Dt. 31 16 ). 
In Leviticus 18 21 the prohibition of sacrifice to Moloch or Milk is found be- 
tween the laws against adultery and sodomy. 

In the light of these facts it is now possible to distinguish the pentad of 
decalogues which probably constituted the original collection of judgments. 
The following analyses will indicate their contents as well as the nature of 
the code as a whole : § 

JUDGMENTS 

Anaiy- First Decalogue : The Rights of Slaves 

the° First Pentad: Males, Exodus 21 2 - 3a - 3b > 4 > 5 " 6 . 

and 1 Second Pentad: Females, 21 7 > 8 - 9 - 10 - ". 

crimi- 

Faws Second Decalogue : Assaults 

First Pentad: Capital Offences, 21 12 < 13 ' 14 - 15 > 16 . 
Second Pentad: Minor Offences, 21 18 " 19 > 29 , 21, 26, 27. 



* Die sieben Gruppen mnsaisrhrr Gesetze in den mittleren Buchern des Pentateuchs, 1840. 

t Higher Criticism of the Hexateuch, pp. 211 ff. 

I Journal of the Society of Biblical JAterature and Exegesis, 1893, pp. 79-93. 

8 For these laws arranged in their grouping, cf. Appendix II. 

26 



THE PRIMITIVE HEBREW CODES 

Third Decalogue : Laws Regarding Domestic Animals 

First Pentad: Injuries by Animals, 21 28 ' 29 < 30 > ». 32 . 
Second Pentad: Injuries to Animals, 21 33-34 > 35 > 36 > 22 1 ' 4 . 

Fourth Decalogue : Responsibility for Property 

First Pentad: In General, 22 5 ' 6 ' 7 - 8 - 9 . 

Second Pentad: In Cattle, 22 10 " 11 . 13 - 14 « 15a « 15b . 

Fifth Decalogue : Social Purity 

First Pentad: Adultery, Deuteronomy 22 13 " 19 ' 20 " 21 ' 22 » 23 " 24 ' 25 - 27 . 
Second Pentad: Fornication and Apostasy, Exodus 22 16 » 17 » 18 » 19 « 20 . 

As in the Code of Hammurabi, a serious attempt at systematic classification Prin- 
is here apparent. The general order is: the rights of persons, the rights of ofdas- 
property, and the rights of society. Within each decalogue there is evidence sifica- 
also of careful grouping. Each pentad is a unit by itself. Whence this 
surprising order which is lacking in so many other parts of the Old Testament ? 
It may be due to the powerful influence of the older Babylonian code, or it 
may simply reflect the tendency of the legal mind. 

The ceremonial and humane laws found in 20 23 " 26 and 22 21 -23 19 , although The 
evidently somewhat disarranged, still reveal unmistakable traces of a similar ^re- 
grouping in decalogues and pentads. The disarrangement, as a rule, does m onial 
not affect the unity of the pentads. It should be expected, however, that the hu- 
powerful example of the early decalogue (cf. Ex. 34) would affect the form J^! 
of the kindred group of the religious even more than the civil laws where its l°g u es 
influence has already been traced. The indications favor the conclusion 
that the primitive decalogue of Exodus 34 gradually developed in Northern 
Israel into four corresponding decalogues. At present Exodus 20 23 " 26 , 
22 21 -23 19 contain only seven complete pentads, and 23 4 > 5 , which separate 
the kindred laws of 23 1 " 3 and 6 " 9 , two commands of an eighth. The remaining 
three of the pentads are to be found in Deuteronomy 22 1 " 7 , which in verses 
*■ 3 reproduce Exodus 23 4 ' 5 word for word, only substituting brother for 
enemy. The two commands in Deuteronomy 22 2, 3 are the immediate sequel 
of *; and the remaining command, 6 > 7 , which enjoins kindness to birds, is 
evidently primitive and belongs with this cycle of laws. 

Exodus 23 9 is a scribal duplicate of 22 21 . Rejecting the minor editorial 
additions, which are readily recognized, the following decalogues appear: 

CEREMONIAL AND HUMANE LAWS 

First Decalogue : Kindness Anaiy- 

First Pentad: Toward Men, Exodus 22 21a > 22 " 23 > 25a « 25b > 26 " 27 . ?h e ° f 

Second Pentad: Toward Animals, Exodus 23 4 [Deuteronomy 22 1 ], 22 2 ' 3 , ^' ial 
Exodus 23 5 [Deuteronomy 22 4 1 22 6 ' 7 . and hu- 

L * ■* mane 

Second Decalogue : Justice laws 

First Pentad: Among Equals, Exodus 23 la « lb, 2a, 2b, 3, 
Second Pentad: On the Part of Those in Authority, 23 6 ' 7a > 7b » 7c - 8 . 

27 



ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS 

Third Decalogue : Duties to God 

First Pentad: Worship, Exodus 20 23a - 23b - 24 > 25 « 26 . 
Second Pentad: Loyalty, Exodus 22 28 ' 29a - 29b - 30 - 3l . 

Fourth Decalogue : Sacred Seasons 

First Pentad: Command to Observe them, Exodus 23 10 - 11 - 12 > 15a - 16a - 16b . 
Second Pentad: Method of Observing them, Exodus 23 17 - 18a - 18b - 19a - 19b . 

Origi- These decalogues have been so disarranged that it is impossible to deter- 
order mine with assurance their original order. If they followed the Judgments, 
a ^' [ they probably began with duties to men and led up to duties to God. If the 
of these prophetic decalogue of Exodus 20 (Dt. 5) is an index, the original order was 
logues tne reverse. Possibly the influence of this prophetic decalogue, which was 
esteemed so highly, explains the transfer of the decalogue regarding duties 
to God; so that one pentad precedes the Judgments and the other pentad 
precedes the decalogue concerning justice to one's fellow-men. The remark- 
able symmetry discernible in the grouping of these laws, leads us to expect 
another decalogue; such a decalogue as would make complete the pentad 
of decalogues in the group of religious and humane laws corresponding to 
that of the Judgments. The later grouping of the law in the five books of 
the Pentateuch, the five divisions of the Psalter, and the apparently five-fold 
grouping in the original Matthew's collection of the Sayings of Jesus are 
but a few of the many analogies that might be cited. A fifth ceremonial or 
humane decalogue' might be found in Deuteronomy, but the attempt to 
define it without any guides would be precarious. 
The It is an interesting fact that a fifth religious decalogue is now found in the 

hfgue same context, and is none other than the familiar prophetic decalogue of 
°^ x - Exodus 20 1 ~ 17 . In its present arrangement the so-called Greater Book of 
20 1 -" the Covenant (Ex. 20-24), with the additions from Deuteronomy, consists 
of exactly ten decalogues. In the initial decalogue of Exodus 20 the same 
division into pentads is also apparent; the first laws concerning duties to God 
and parents, the second concerning duties to one's fellow-men. 
Paral- In addition to those already noted (p. 17) there are, however, serious 
thiV difficulties involved in regarding this decalogue as originally associated with 
deca- the primitive codes. Its first and second commands seem to be a briefer 
and more advanced version of the two laws in 20 23 . The prototype of the 
third is perhaps to be found in 22 28 , Thou shalt not revile God. The fourth 
is a duplicate of 23 12 , Six days thou shalt do thy work, but on the seventh thou 
shall rest. The fifth, sixth, seventh, and eighth are briefer, more emphatic, 
statements of the principles underlying the criminal laws of Exodus 22 15 " 27 , 
22 13 ' 16 ; the ninth is but a restatement of the law in 23 1 . 
The The history of this noblest of decalogues must forever remain shrouded 

version m mystery. Without any close connection with its context, it stands, as we 
date ltS ^ave seen » alone. It is, indeed, a practical duplicate of the decalogue in 
Deuteronomy 5; the variations in the form of the original words of the fourth 
and tenth commandments, and the fact that a distinct and variant group 
of explanatory and hortatory glosses has grown up about many of the original 

28 



THE PRIMITIVE HEBREW CODES 

words (as for example, Thou shalt not make unto thee a graven image) indicate 
that each decalogue has had an independent history. At the same time it 
is clear that both versions go back to a common original. In the fourth com- 
mand the Deuteronomic version employs the more primitive word observe 
(cf . Ex. 34 22 ), and the tenth command, that which forbids coveting a neighbor's 
wife (Dt. 5 21a ), suggests an earlier stage of society than the corresponding 
house of Exodus 20 17 , which implies that the Hebrews are settled in Canaan; 
so that, on the whole, Deuteronomy 5 seems to represent the older original. 
The prominent position of this decalogue in Deuteronomy indicates, however, 
that it is older than its setting; how much older can never be determined. 
Internal evidence does not assign it as a whole to a period earlier than the 
latter part of the eighth century, a time when the influence of the prophets of 
ethical righteousness was beginning to be felt in Israel, and all use of images 
in worship was viewed with disfavor by the most enlightened leaders. Pos- 
sibly it represents the briefer Judean version of the fuller and yet parallel 
Northern Israelitish decalogues in Exodus 20 23 -23 19 . Its present form 
may simply be due to prophetic revision; its basis is perhaps a very brief 
popular decalogue, intended for the guidance of the people in their daily 
relations; while the decalogue in Exodus 34 defined their duties in con- 
nection with the ritual and the sanctuary. It is important to note that, with 
the exception of the second, and possibly the tenth command, there is nothing 
in the decalogue of Deuteronomy 5 (Ex. 20) fundamentally inconsistent 
with the conclusion that it came, in its original and simplest form, from Moses 
himself. 

In view of all these facts, and aided by means of analogy and imagination, Origin 
it is possible to construct an approximate history of the growth of Israel's deca^ 
primitive codes. Why the decalogue, from the first and far down into Hebrew |°g^ e 
history, was the prevailing form into which all laws and precepts were cast, 
finds its simplest and perhaps most satisfactory explanation in the obvious 
fact that every normal man from earliest childhood has two hands with five 
fingers on each. These ten fingers are ever present and suggestive aids to 
the memory not only of children, but of men as well. If this be the true 
explanation, a system so simple and yet so effective, is worthy of a genius 
like that of Moses. There is no reason for doubting that through Israel's 
first great prophet there was transmitted a primitive decalogue — and possibly 
several — which defined in ten brief sentences the nation's obligations to its 
God. It is probable that these ten words were not originally inscribed on 
two tablets of stone by the finger of Jehovah, but upon the memory of each 
individual Israelite by association with the fingers of his two hands. In time 
the ceremonial decalogue, adapted to the new agricultural civilization and to 
the changed conditions and customs which the Israelites found in Canaan, 
was inscribed on two tablets of stone, and perhaps at first set up in the temple 
of Solomon. Naturally, after the division of the Hebrew kingdom, the Judean 
historians preserved the more exact version of it. 

As new ideals dawned upon the consciousness of the race, this primitive 
decalogue was supplemented, and became, especially in the North, the nucleus 
about which grew up a much larger body of ceremonial and humane enact- 

29 



ISRAELS LAWS AND TRADITIONAL PRECEDENTS 

Growth merits. All these laws were modelled after the older original, and hence 
l° aw ? 9 ew were expressed in the form of a direct personal command (thou). Side by 
» n(1 side with the memory thai Moses was the author of the original ten words, 

U6CR" * 

logues was treasured the tradition that Jehovah's commands were cast in the form 
of decalogues and pentads. Possibly the priests in this effective way originally 
impressed the new enactments upon the minds of the people. As new needs 
arose and new standards were adopted, the priests could easily supplement 
the older laws by additional decalogues and pentads. 
Devel- Meantime the demands of the settled agricultural life had made necessary 
opment ft correS p on( ] m g group of civil and criminal laws. The customs of the agri- 
corre- cultural Canaanites, the inheritors of the older Babylonian laws, were adapted 
ing to these new needs and were doubtless, in modified form, largely adopted by 
anil the Hebrews. When originally promulgated as a brief code, they were 
crimi- probably grouped in decalogues and pentads. If our explanation be correct, 
deca- this form was intended primarily to aid the memory, and may be regarded as 
ogues c i car j )ro() f therefore, that these laws, like the corresponding ceremonial group, 
were probably at first transmitted orally. This fact, then, would explain 
why all these primitive codes are cast in what at first glance seems to be a 
very artificial mould. The necessity of conforming to this mould would also 
explain why some subjects, which are passed over briefly in the Code of Ham- 
murabi—as, for example, injuries by animals (cf. H. C. §§ 2.50-52 and Ex. 
21 28 " 32 )— are expanded into five laws, while others, as for example the laws 
regarding property (Ex. 22 5 " 15 ), though deserving more detailed treatment, are 
accorded only the same space. 
Ap- It is also probable that the Northern Israelitish school of prophetic historians 

mate ^ rst committed these civil decalogues to writing. Possibly, as Kuenen has 
dates urged, thev associated them with Moses' farewell words. Just when they 

of the * 

primi- were introduced into the midst of the ceremonial decalogues is not clear; 

codes possibly it was the work of the late prophetic editor who substituted the 
decalogue of Exodus 20 1 " 17 and transferred the original Judean decalogue 
to its present position. At least it is probable that the majority of the laws 
found in Exodus 20 23 -23 19 and 34, were in force as early as the days of the 
united Hebrew kingdom; and that the five civil and criminal decalogues, and 
the four surviving ceremonial and humane decalogues, were to be found in 
written form by the eighth century B.C. These represent, therefore, the growth 
of Israel's laws and institutions from that early period, about 1150 to about 
750 B.C., when Amos and Hosea and Isaiah appeared as the heralds of a new 
era in the political and religious life of the Hebrew race. To distinguish 
them from the legal systems of later periods, these oldest collections of laws 
may as a whole be appropriately designated as the Primitive Codes; for they 
record, in concrete form, the earliest revelation of the Divine will through the 
life and institutions of the ancient Israelites. 



30 



IV 

THE DEUTERONOMIC CODES 

The appearance of Assyrian armies in Palestine about the middle of the Influ- 
eighth century and the resulting conquest of both Northern and Southern that 3 
Israel, not only destroyed the simplicity of early Hebrew life, but also intro- P ro ~ , 
duced new conditions and problems. Assyrian ideas and religious institutions the 
threatened to supplant completely the more austere worship of Jehovah- It "odes 
was the series of grave crises arising from this changed state of affairs that 
called forth the first, and in many ways the noblest, group of Israel's prophets, 
Amos, Hosea, Isaiah and Micah. Their teachings established new ethical 
and religious standards in Israel. New needs, new conditions and new ideals, 
therefore, made a recasting of the old primitive codes a necessity. Fortunately 
the theory and character of Israelitish law made the needed revision possible. 

The prophet Isaiah, discouraged by faithlessness and apathy, turned Fruit- 
f rom the nobles and people to a little group of devoted disciples in whom he ff e ° 
saw the earnest of an ultimate acceptance of his teachings by the nation. JY° rk of 
/ will preserve the revelation and seal up the instruction among my disciples, earlier 
were the words that he uttered, words full of promise for the future (Is. 8 16 ). ^° p 
The reactionary reign of Manasseh silenced the lips of the prophets. For 
forty or fifty years after the death of Isaiah, the old Canaanitish cults and 
especially the newly introduced Assyrian religion, commanded the devotion 
of the people of Judah and led them to forget almost entirely the exalted ethical 
teachings of the group of prophets who had followed Amos. The reaction, 
however, disclosed the crying needs of the situation; and these needs led the 
disciples of the true prophets to devote themselves to the formulation of the 
vital principles of their masters in laws so definite that the most obtuse could 
understand and apply them to the details of every-day thought and life. The 
noble results of the activity of these disciples are recorded in. the book of Deu- 
teronomy. 

The spirit of this wonderful book is prophetic rather than priestly. The Their 
emphasis is placed on deeds and spirit rather than ceremonial. Worship pro- 
is important only as it is an expression of an attitude of loyalty to Jehovah, poetic 
Little is said about the ritual ; and the prophet figures more prominently than the popu- 
priest (cf . 18) . Love to God, love to man, kindness to the needy and oppressed, 
and even to animals, are the dominant notes in the book. The appeal is not 
so much to fear of punishment as to the conscience of the individual. The 
exact penalty for a given crime is often left to the judge. The omission of all 
technical data and the popular form of the enactments indicate that this book 
was intended for the guidance of the people rather than of judges or priests. 
The whole is presented in the form of a farewell address in the mouth of 

31 



ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS 

Moses. In him, as their first great representative, the prophets are made to 
rise above the temporal and local conditions that called them forth, and to 
proclaim, with divine authority and in specific terms, the principles, humane, 
political, social, ethical and religious that underlay all their teachings. 
Their Yet th.e codes of Deuteronomy do not represent a break with Israel's earlier 
tfonto l e £ a l traditions; they are, rather, a natural evolution. Three-fourths of the 
earlier ] aws found in the previous codes are represented in Deuteronomy. Those 
which Avere omitted (found in Ex. 21 18 -22 25 « 28 > 29b ) were of interest only 
to judges when imposing penalties for specific crimes; and they did not, 
therefore, conserve the popular aim of the book of Deuteronomy. Although 
most of the earlier laws are reproduced in spirit, very few are quoted verbatim 
(cf. Ex. 34 26b , 23 19b and Dt. 14 21c ). The days of a slavish worship of the 
letter of the law are, evidently, still in the future. Usually the purport of the 
primitive laws is reproduced in the peculiar language of the Deuteronomic 
writers, fully supplemented by explanations and exhortations (cf. e. g., Ex. 
21 2 ~ 7 and Dt. 19 1 " 13 ). Often the usage represented by the earlier codes is 
modified or entirely abrogated. Thus the law of Exodus 20 24 ~ 26 , a law recog- 
nizing as perfectly legitimate the many altars scattered throughout ancient 
Israel, is annulled by the commands of Deuteronomy 12 1-28 , 16 5 > 6 that de- 
clare illegal every sacrifice performed outside of Jerusalem. 
Sources In most instances the reasons for the new rulings can be traced either to 
prin- 6 tne changed political and social conditions or to the teachings of some earlier 
ciples prophet. Hence an endeavor to guard against a heathen reaction like that 
lying in the days of Manasseh, made it possible, after the fall of Samaria, to cen- 
onomy" tralize all worship in Jerusalem. Amos and Hosea regarded the local shrines 
of Palestine with little favor (Am. 5 5 , 7 9 , Hos. 4 13 ). The lofty ideals of justice 
and social righteousness that permeate the book of Deuteronomy, are clearly 
traceable to the sermons of Amos and Isaiah; and its distinctive spirit, that 
of love to God and man, is the clear reflection of the central doctrine of Hosea. 
It w r as this epoch-making prophet, Hosea, w r ho declared that the worship of 
heathen gods and the practising of heathen rites was whoredom, treason to 
Jehovah, and the cause of the nation's undoing. He demanded nothing less 
than that his people love Jehovah with all their heart and with all their soul, 
and with all their might. 
Moses' The assignment by the later editors of Deuteronomy of all the laws of this 
tfon noble prophetic law-book to Moses, is singularly appropriate. The public 
to the ^ address was the characteristic prophetic method of presenting truth. This 
onomic is illustrated not only by the so-called oral prophecies but also by the prophetic 
histories, wherein long speeches containing the doctrines of their late pro- 
phetic editors, are put in the mouths of Moses, Joshua, Samuel and David. 
Indeed this literary form is common in all literature, especially in ancient 
writings (cf. Vol. II, p. 4). Israelitish history and tradition also united in 
attributing all primitive laws to the master-mind that first moulded the race. 
These laws furnished the foundation of the new codes. Not to have acknowl- 
edged the supreme debt to Moses w 7 ould have been unwarranted. It is 
but fair to say that they represent what the great prophet would have taught 
had he been confronted by the later needs and stood in the light of later revela- 

32 



THE DEUTERONOMIC CODES 

tion. Through all the laws, early and late alike, the same God was making 
known his will to men. It mattered little who was his spokesman; 
the laws themselves bore on their face the credentials of their divine 
origin. 

The evidence that the mass of the laws in Deuteronomy are a century or Evi- 
two later than those of the primitive codes, is cumulative and conclusive. t hat G 
Kingship, as well as prophecy, has become an important element in the state Deuter- 
(17 14-20 ). The crimes of such rulers as Solomon and Ahab are evidently in is later 
the mind of the prophet lawgivers ( 16, 17 ). A supreme court at Jerusalem J|j| n 
has been established (17 8-13 ). Not only the many shrines but also the sacred p. rim i- 
pillars and asherahs (consecrated tree-poles), which were countenanced in the codes 
early prophetic narratives and tolerated without protest from the prophets 
far down into the Assyrian period, are placed under the ban (12 3 , 16 22 ). 
Many other heathen institutions that flourished during the reigns of Ahaz and 
Manasseh, are also strictly forbidden (17 3 ~ 5 ). The Babylonian exile, be it 
said, casts its dark shadow across certain pages of Deuteronomy (e. g., 425-29) 
The marks of that period are distinctive; the peculiar language and ideas of 
Deuteronomy are closely related to those of Jeremiah and the disciples who 
edited his book of prophecies. 

The evidence regarding the date of the Deuteronomic laws all points to Date of 
the latter part of the seventh century. The evils of the reign of Manasseh original 
have become patent; and the prophetic lawgivers take up the task of guarding edition 
Israel against them for all future time. The spirit of the books as a whole 
is decidedly hopeful. Its authors seem to contemplate not the distant but 
the immediate possibility of reform. The rigorous enactments regarding 
the punishment of the devotees of the ancient heathen cults, strongly suggest 
the spirit of the early reformers under Josiah, rather than the dark, reactionary 
reign of Manasseh. From beginning to end it is essentially a reform book. 
It seems probable, though the question can never be absolutely decided, that 
the original edition of Deuteronomy was completed somewhere between the 
beginning of Josiah's reign in 639 and the great reform in 621 B.C., rather 
than in the days of Manasseh or earlier, as has been sometimes urged. 

That this was the Book of the Covenant, found, according to II Kings 22, Evi- 
by Hilkiah the priest while conducting repairs in the temple, has been recog- thatft 
nized by scholars since the days of Jerome. The reforms, instituted by the ™ as . th ® 
king after the newly discovered law-book had been verified by the prophetic Josiah's 
order, and publicly read and promulgated by him, are in perfect accord with re orms 
the demands of Deuteronomy. All the symbols of the heathen cults were 
first cast out of the temple and destroyed (cf. Dt. 12 3 , 17 3 ). All the high places, 
their altars, and the sacred pillars, were broken down; the asherahs were 
hewn in pieces (Dt. 12). Necromancy and witchcraft were suppressed (Dt. 
18 11 ). Practically every recorded act in that great reformation is in accord 
with a specific command of Deuteronomy. Henceforth until the days of 
Nehemiah and Ezra the life of the Jews of Palestine was regulated by this 
wonderful law-book. 

Aside from the later introductions in 1-4, and the farewell speeches, 
exhortations, and blessings (cf . Vol. I, p. 42), the book of Deuteronomy consists 

32 



ISRAELS LAWS AND TRADITIONAL PRECEDENTS 

Analy- of seven rather loosely defined groups of laws. These are found in the distinc- 
tive^ tively legal sections, 5-26. The first includes the prophetic decalogue, 
laws of 56-21^ a nd i s followed by a series of exhortations based on the first command. 
ouoiuy The second group, 12 1 -!? 7 , consists of ceremonial and religious laws. 
The third, 17 s — 18 22 , describes the appointment and duties of the officials 
— the judges, the king, the priests and the prophets — in the theocracy. In 
the fourth, 19, is found a collection of criminal laws. With this group is asso- 
ciated, by community of subject, the law in 21 1 ' 9 regarding the expiation of an 
untraced murder. The fifth group, 20, 21 10-14 , consists of military laws to be 
observed in case of war. The sixth, 21 15 -25 19 , includes a miscellaneous 
collection of civil, criminal, humane, and religious laws. No systematic prin- 
ciple of classification is here apparent. Many of these laws are closely re- 
lated to those found in the other groups. They seem to represent the result 
of compilation, and to be a series of supplements added to the preceding 
collections. The seventh group, 26, relates to the presentation of the first- 
fruits and the triennial tithe. 
Lack of The laws of Deuteronomy are in general characterized by lack of logical 
^ogica or( | er an( j arr angement, though, compared with the primitive codes, there is 
range- evidence of an attempt at classification. Except in the commands of 5 6 " 21 , and 
in a few citations from earlier collections (e. g., 22 1_4 > 13 " 30 ), the system of 
grouping in decalogues and pentads has been abandoned; a fact probably 
due to the authors' expectation that their laws would be promulgated not in 
oral but in written form. 
Evi- It is obvious, also, that the book of Deuteronomy does not consist of one 

that 63 c °de coming from the same hand; for it bears all the marks of a collection 
the of minor codes which have been gradually brought together into their present 
come relations. The same subjects are treated in widely separated sections; and, 
schoof conversely, entirely disconnected themes are brought into close connection. 
of In addition to the primitive enactments of Exodus 20-23, many other earlier 

laws have evidently been utilized as the basis of these revised codes. These, 
as a rule, can readily be recognized by their more primitive form and content 
(cf. 22). Yet so homogeneous are the phraseology, spirit, and purpose which 
characterize all the different codes that they establish the underlying unity 
of the book as a whole. This is more marked and significant than the evidence 
for different groups of laws from widely different dates. That the different 
collections or codes are the work of the same school of writers, who from time 
to time expanded and supplemented the original nucleus of laws, seems to be 
the true explanation of the repetitions and minor variations in language and 
point of view. 
The Both the peculiar structure of the book of Deuteronomy and the report of 

Book 1 * Josiah's reformation in II Kings 22, favor the conclusion that the original 
oUhe Book of the Covenant, the basis alike of Deuteronomy and of the initial 
nant reforms, is represented by chapters 12-19 and 26. With this nucleus was 
probably associated from the first the original form of the blessings and 
curses in 28. These sections contain all the regulations which are reported 
to have been enforced by the reformers. 

To make the new code the comprehensive law-book of the realm, the mis- 

34 



THE DEUTERONOMIC CODES 

cellaneous groups of laws in 20-25 were doubtless early added. Then, with Com- 
the same aim, and by the same school of prophetic reformers, the decalogue oAhe" 
and exhortations in 5-11 were later joined. The provisions in 27 for the p ™~ tic 
public promulgation and enforcement of the law appear to belong to a later law- 
stratum of the book. The entire legal section (5-28), however, was in 
the present form probably complete, or nearly so, before the Babylonian exile. 
Its codes, therefore, represent the development of Israel's law under the in- 
fluence of the great prophetic preachers and editors who lived and worked 
between 750 and 600 B.C. To distinguish them from the earlier primitive 
codes on the one side, and the later development of Israel's law on the other, 
they may appropriately be designated as the Deuteronomic or Prophetic 
Codes (technically represented by D). In them is found a large proportion 
of the noblest and most enduring legislation in the Old Testament. 



35 



EZEKIEL AND THE HOLINESS CODE 

The The promulgation of the Deuteronomic codes marked the beginning .of the 

rit'sin"" reign of the written law. Before that date oral laws and customs sufficed 

the almost entirely for the needs of the people; but henceforth the authority of 

tode- the written law steadily increased until it ultimately overshadowed the word 

written °j the prophet and the counsel of the wise. To this tendency the revolutionary 

codes experiences of the Babylonian exile gave a powerful impetus. The new 

conditions amid which the survivors of the Jewish race found themselves, 

suddenly transformed them into a literary people (cf. p. 13). Upon the 

work of the scribe depended the preservation of their laws and institutions; 

and closely bound up with these was the future of the race. The exile also 

gave its religious leaders new points of view and the changed conditions made 

new laws necessary. Deuteronomy contained few ceremonial laws; but in 

the minds of the exiled priests in Babylon the ritual occupied the position of 

commanding importance. Hence they proceeded to record the customary 

usages of the destroyed temple, to improve upon these where improvement 

was necessary and feasible, and thus to develop codes adapted to the needs 

of that restored Jewish community which was the object of their dreams. 

The prophet Ezekiel clearly illustrates this tendency. Born a priest, 

activity probably trained at the temple and familiar with its institutions as w T ell as 

as a with the recently promulgated Deuteronomic codes, he, together w ? ith other 

maker Jewish priests and nobles, was carried captive to Babylonia in 597 B.C. The 

first period of his residence in captivity was devoted to the work of preaching; 

but in 572 B.C., near the close of his ministry, he prepared the remarkable 

programme or code found in chapters 40-48 of his book. It is in the form 

of a detailed vision of the restored community and temple. Chapters 40-43 

describe the new sanctuary on Mount Zion, 44-46 the ordinances to be 

observed in connection with it, while 47 and 48 give a picturesque account 

of the rehabilitation and allotment of the land of Israel. 

His new Many of the measurements and ceremonial laws of this code are undoubted- 

n.'v- lv reproductions of those of the pre-exilic temple, an institution with which 

°J U ". Ezekiel was personally acquainted. He does not hesitate, however, to in- 

Ing troduce entirely new regulations. The temple slaves of alien blood, who had 

ti?ns a " formerly ministered at the sanctuary, are forever excluded (44 7, 8 ). Also 

the Levites, the descendants of the priests of the local shrines outside Jerusalem, 

who, according to Deuteronomy 18 7, 8 were allowed to officiate at the temple, 

were now excluded from this privilege (44 13 ) and assigned to the menial duties 

hitherto performed by the temple slaves. Only the sons of Zadok were 

permitted to approach Jehovah's altar and to offer sacrifices to him. Thus 

36 



EZEKIEL AND THE HOLINESS CODE 

Ezekiel for the first time establishes that sharp distinction between priest and 
Levite which was soon universally accepted; but in his code the high priest 
is simply the head of the priesthood and is not yet clad in special garments 
and invested with supreme authority as the civil and spiritual head of the 
community. Instead of the later elaborate ceremonial of the day of atone- 
ment on the tenth of the seventh month (Nu. 29 7 " 11 ), Ezekiel ordains that 
twice each year — at the beginning of the first and sixth months — a rite of 
atonement be observed, but with a very different and much simpler sacrificial 
formula (45 18 " 20 ). 

It is not strange that later Jewish rabbis, confronted by these and other His 
wide variations, found great difficulty in reconciling Ezekiel's code with their ^ e n)? 
own theory of the origin of Israelitish law, and that they were inclined to Israels 
regard it as a heretical. To the modern scholar Ezekiel is an invaluable givers 
index to the true history of the Old Testament legislation; for his work can 
be definitely dated. Evidently his code is the successor of the Deuteronomic 
and the precursor of those priestly codes which became the ultimate formative 
norm of later Judaism. He is one of the pioneers in the movement emanating 
from the exiles in Babylonia that defined religion in the terms of the ritual 
and aimed to develop a detailed series of laws regulating the life of the in- 
dividual and, especially, the ceremonial services of the temple. 

His code, as such, was never practically adopted by the Jewish race. For His in- 
nearly two centuries more the Deuteronomic codes sufficed for the needs U pon Ce 
of the struggling community in Palestine. Much in Ezekiel's programme, 1 T at '| r 
as for example the allotment of the land, was theoretical, not practical. At ism 
the same time the principles that he emphasized, and most of the innovations 
that he advocated, were taken up by later priestly lawgivers and in modified 
and more practical form were incorporated in the law-book ultimately adopted 
by the Jews of Palestine. His primary aim in developing his code in this 
concrete and dramatic way, was to convince his contemporaries that Jehovah's 
people would certainly be restored to their native land, and to inspire them 
to prepare for the return. The later codes, as well as subsequent history, 
demonstrate that his higher prophetic purpose was realized. Thus he stands, 
not merely as the incarnation of the dominant spirit of the exile, but also as 
the man who, more than any other, shaped the life and thought of later 
Judaism. 

Underlying all of Ezekiel's preaching and laws is the dominant conception H 
of Jehovah's holiness. The arrangement of the temple, its ritual, the laws 
guarding the ceremonial purity of the priest, even the allotment of the land, id « a: 
these all are intended to guard the central sanctuary and the Holy One in- vah's 
habiting it from coming again into contact with anything common or unclean. n ° S3 ~ 
Furthermore, these elaborate regulations were intended to impress strongly 
upon the minds of his readers the supreme holiness of Jehovah and the cor- 
responding obligation of his people to be holy. The vision of Isaiah (Is. 6) 
is here interpreted into the terms of both ritual and life. 

The same conception and application reappear in the laws of Leviticus 
17-26: and are so distinctive that this collection has been appropriately 
designated, and is now generally known as, the Holiness Code (technically 

37 



domi 
nant 



ISRAEL'S LAWS VXD TRADITIONAL PRECEDENTS 

Points represented by P h ). The underlying thought thai binds the group to- 
[£_ gethei is expressed in the words of Jehovah in Levitieus 22 31-33 , Ye shall 
! we k n observe >",'/ commands and do them: I am Jehovah. And ye shall not profane 
and the mi/ holy name; but I trill be treated as holy among the Israelites. I am Jehovah 
ness" uno ynoketh. you holy, who brought you out of the land of E jupt, to be your 
code God: I am Jehovah (cf. 19 2 , SO 7 ' 8 - 2G , 21 6 " 8 - l5 « 23 , 22 9 « 1(i ). A study of the 
individual laws demonstrates that, as in Ezekiel, both moral and ceremonial 
holiness is contemplated. The impressive refrain, I am Jehovah, is repeated 
forty-six times and is one of many common characteristics that distinguish 
these laws. The same expression is also found seventy-eight times in Ezekiel, 
and not once in the writings of his earlier contemporaries, Isaiah and 
Jeremiah. There are many other striking points of contact both in vocabu- 
lary and idiom. The unusual formula beginning, Every man of the house 
of Israel (Lev. 17 3 ' 8 - 10 > 13, 15 ), is found nowhere else in the Old Testament 
except in Ezekiel, where it is very common (e. g., Ezek. 14 4, 7 « 8 , 44 10 > 12 ). 
The social crimes especially prohibited in the Holiness Code (e. g., 18 8 , 20 10 ~ 12 ' 
17 , 19 13 - 15> 36 , 20 9 , 21 1-5 ),* are denounced by Ezekiel in terms almost 
identical (e. r/., 22 10 - n , 18 7 . 8 * 12 « 16 , 33 15 > 25 , 45 10 , 22 7 , 44 25 « 20 ). A like 
emphasis is also laid on the sanctity of the temple (cf. Lev. 19 30 , 20 3 , 21 12 > 
23 , 26 2 and Ezek. 5 11 , 8 6 , 23 38 » 39 ). Both seek to guard the priesthood from 
all possible defilement. Thus in language, thought, and purpose, Ezekiel 
and the laws of the Holiness Code are bound together by closest ties. 
Ex- The points of contact are so many and so fundamental that they can be 

, 5 explained only on the assumption of a vital connection between the two. At 
the the same time minor variations in vocabulary and representation indicate that 
of like- Ezekiel was not the author of both. Thus, for example, the Holiness Code 
knows nothing of his distinction between the priests and Levites. It also 
sanctions, except in the case of the high priest (Lev. 21 14 ), the marriage of 
priests with widows, a practice which Ezekiel condemns (44 22 ). A detailed 
comparison of the two systems leads to the conclusion that both come from 
the same priestly circles and approximately the same date, but that Ezekiel 
was acquainted with the major portion of the law T s in the Holiness Code. 
Con- In its present form the Holiness Code consists of ten or eleven groups of 

J^ nts laws, which have evidently been disarranged at several points or else dis- 
Levit- turbed by insertions made by later priestly editors. The first group, 17 3 " 16 , 
and 18 includes a pentad of much expanded laws regarding the slaughter of animals 
and sacrifice. All except the last are introduced by the peculiar formula, 
Every man of the house of Israel ( 3 - 8 - 10 - 13 ). The completion of this decalogue 
is perhaps to be found in 18 3, 4 , a passage which contains a group of brief 
commands emphasizing the duty of faithful allegiance to Jehovah. The 
next section, 18 6 " 30 , embraces, as Professor Paton has pointed out,f two 
decalogues regarding purity in the social relations. Here, as in 19, the 
formula, 7 am Jehovah, marks the end of each pentad. The following in- 
dicates the method of classification: 

* For a detailed comparison of vocabulary, literary style and teachings, cf. Carpenter and 
Battf-rsbv, The Ilexateuch, I, 147-51. 

t Jour, of Bib. Lit., 1897, Vol. XVI, 31 ff. 

38 



EZEKIEL AND THE HOLINESS CODE 

First Decalogue : Purity in Those Related through Parents and 
Children 

First Pentad: Kinship of the First Degree, Leviticus 18 6 - 7 « 8 > 9 . 10 . 
Second Pentad: Kinship of the Second Degree, 18 n> 12> 13 » 14 « 15 . 

Second Decalogue : Purity in Remoter Relationship 

First Pentad: Relationship through Marriage, 18 16 - 17a « 17b > 18 > 19 . 
Second Pentad: Outside the Family, 18 2 °. ». 22 > 23a ' 23b . 

The remaining verses of chapter 18 ( 24 " 3 °) contain a concluding exhortation; 
this, as a whole, is probably from the original editor of the code, but at several 
points is supplemented by a later priest. 

Leviticus 19 contains a large group of laws regarding religious, moral, and The 
ceremonial duties. Those in 2 " 8 have evidently been disarranged. They i e ^es 
are in part parallel to the prophetic decalogue of Exodus 20 2 " 17 . The parallel ™ .. 
is still more complete if the dislocated fragment in 24 15h ' 22 be combined with icus 
19 2 " 8 . Possibly they represent the remnants of an original decalogue. Fur- 
thermore, if 35 be transferred to its logical position after lla , two complete 
decalogues and one pentad of a third decalogue, are to be found in 9 " 18 . The 
end of each pentad is again marked by the formula, I am Jehovah. The 
analysis is as follows: 

First Decalogue : Duties to Others 

First Pentad: Kindness to the Needy, 19 9a - 9b ' * 0a . 10b - 10c . 

Second Pentad: Honesty in Business Relations, 19 lla » 35 » llb « llc > 12 . 

Second Decalogue : Laws against Injustice 

First Pentad: Toward Dependents, 19 13a - 13b « 13c > 14a * 14b . 
Second Pentad: In Legal Matters, 19 15a > 15b ' 15c » 16a ' 16b . 

Third Decalogue : Laws against Unkindness 

First Pentad: In the Heart, 17a ' 17b > 18a « 19a - 19b . 

It is in this last pentad that the Old Testament legislation reaches its noblest 
expression: one of its commands, Thou shalt love thy neighbor as thyself, is 
exalted by Jesus to a position of transcendent authority. Remnants of the 
second pentad, which probably dealt with unkindness to the helpless, are 
perhaps to be found in 19 33 - 34 , An alien . . . in your land ye shall not wrong. 
Thou shalt love him as thyself. Leviticus 19 19 contains three laws against 
the mixing of dissimilar things. Duplicate versions of these are found in 
Deuteronomy 22 9 " 11 . In the same context, 5 » 12 , are found the remaining 
two laws of this pentad. One of them has, for some unknown reason, been 
removed from its natural connection in Leviticus 19 and is now found in 
Numbers 15 37-41 . This section has all the characteristics of the Holiness 
Code and was probably once a part of it. The second pentad of this decalogue 
is now to be found in 26_28 ; but in 20 " 25 several incongruous laws regarding 

■39 



ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS 

illicit relations between a free man and a betrothed slave and the eating of the 
fruit of young trees, have been introduced. The following appears to have 
been the original form of the laws: 

Decalogue concerning Prohibited Practices 

First Pentad: Mingling of Dissimilar Things (Dt. 22 5 ), Leviticus 19 19b > 
19c I9d Numbers 15 37 ' 41 . 

Second Pentad: Imitation of Heathen Practices, Leviticus 19 26a < 26b > 27 > 

28 a, 28b ^ 

The remainder of the chapter, 29 " 37 , contains a composite of social and humane 
laws. 
Analy- Leviticus 20 2 ~ 7 » 27 prescribes the penalty to be imposed for apostasy and 
i!evit- necromancy, while 20 8 ~ 2G contains a group of laws regarding chastity and 
[HjJm ceremonial purity which are closely parallel to those in 18. The former 
passage (20 2 ~ 7 ) prescribes the penalties; in 18 the crimes are simply prohibited. 
Each group also employs different formulas and follows slightly different 
systems of classification. The laws in 18 are simpler, more homogeneous, 
and cast in the decalogue and pentad form, facts which indicate that these 
laws are probably much older than their present setting. Leviticus 21 1 -22 16 
contains the laws regarding the priests; 22 21 ~ 32 defines the animals 
suitable for sacrifice. Most of Leviticus 23 is evidently from a later priest, 
but in 10_20 ' 39-42 are f oun d certain early regulations regarding the observa- 
tion of the feasts of unleavened bread, weeks, and tabernacles. As has already 
been noted (p. 39), the detached group of criminal laws in 24 15b ~ 22 evidently 
belong with 19. The rest of 24 is from a later priestly source. The original 
humane laws in 25 ( 2b " 7 - 14 > 17 " 22 - 24 > 25 - 35 " 40a ' 43 - 47 > 53 > 55b ) which aim 
through the institution of the Sabbatical and year of jubilee to relieve the 
unfortunate and needy, are also closely related to the other regulations of 
the Holiness Code. The many late priestly supplements are readily recog- 
nized. 
Levit- The concluding chapter (26) emphasizes, in the form of a hortatory address, 
2Q 3 the fundamental duty of loyalty to Jehovah and his commands. In thought 
and spirit this chapter closely resembles the concluding exhortations of 
Deuteronomy. The evils that will follow disobedience are solemnly pointed 
out; and in 30 " 39 a vivid picture is given of the horrors of exile. This is 
followed in 40 ~ 45 by the prospect of a restoration, if the people repent. The 
promise, however, is not nearly so definite or detailed as that contained in 
Ezekiel 40-48. The Holiness Code also has its own concluding formula 
( 46 ) indicating clearly that it was once a complete and independent collection : 
These are the statutes and judgments and laics which JeJtovah made between 
himself and the Israelites on Mount Sinai by the hand of Moses. 
Real The concluding exhortations, as well as the many civil, criminal and 

ter ara °" humane laws, demonstrate that this remarkable code was more than a manual 
HoU 1 - 6 ^ or tne use °^ P r i es * s - Like Deuteronomy, it was evidently intended to be a 
ness book for the people. As in Deuteronomy, the penalties are few, the appeal 
is to the individual conscience, and, in many sections, the direct second 
person singular, Thou, is employed. In contrast with the later priestly codes, 

40 



Code 



EZEKIEL AND THE HOLINESS CODE 

it has many other fundamental points of contact with the laws of Deuteronomy. 
It emphasizes the obligation to offer sacrifices only at Jerusalem and manifests 
the same uncompromising hostility to all heathen cults (17 3 ~ 7 , 19 4 ' 30 , 20 1 " 8 , 
26 1 ). It makes no reference to the later sin-offerings and knows of only two 
kinds of animal sacrifice, the burnt-offering and the ordinary sacrifice. Its 
system of feasts is simple, corresponding closely to those in Deuteronomy 
and the early prophetic narratives. For these feasts no fixed date has yet 
been established. The spring feast is still simply a harvest festival and the 
later stern day of atonement is unknown. 

In the Holiness Code the humane element is also very prominent. The The 
spirit of the prophet pervades it. In this respect it is a worthy companion i n g n f 
piece and sequel of Deuteronomy. At the same time the interest in the ritual Pj"°" 
is more marked and the point of view of the priest is constantly revealed, and 
It is a remarkable blending of these two very different motifs. In subject- £i r e '_ est y 
matter and aim it stands midway between the prophetic codes of Deuteronomy, merits 
and the priestly codes of Ezekiel and the later writers who place the emphasis 
chiefly upon the ceremonial. 

In its original unity, before supplemented by the late priestly additions Its 
that were intended to bring it into conformity with the later point of view, Jbie" 
the Holiness Code stands, also, in point of time between the Deuteronomic dafce 
codes and that of Ezekiel. It bears the marks of the Babylonian exile; and 
yet there is everywhere apparent an intimate acquaintance with the life of the 
pre-exilic Judean state. Likewise, Ezekiel's sermons, delivered before the 
final destruction of Jerusalem in 586 B.C., reveal in language, ideas, and aims, 
an intimate familiarity with the majority of its laws. It is probable, therefore, 
that the original draft of this code was made between the first and final cap- 
tivity (597-586 B.C.), a period in which the more enlightened leaders, like 
Jeremiah and Ezekiel, saw clearly that the state was doomed, and that Israel's 
laws and institutions, if they were to be preserved, must be put into written 
form. 

The presence of many duplicate versions of the same law, the primitive The 
nature of certain of the regulations, the frequent points of contact with the ei e - er 
early codes in Exodus 20 23 -23 19 , and the pentad and decalogue structure ™ ent3 
of several groups of laws, strongly suggest that the work of the exilic editor code 
was largely the work of a compiler, and that many of its enactments come 
from a much earlier period in Hebrew history. This is especially true of 
the simple decalogues in 17-19. Their structure indicates that they were 
originally intended to be orally transmitted. They are apparently the Judean 
counterparts of the Northern Israelitish Judgments and of the religious and 
humane laws in Exodus 20 23 -23 19 . Their roots are probably to be traced 
to the Mosaic and nomadic periods of Israelitish history. In their pentad 
and decalogue form, however, they assume the settled agricultural life of 
Palestine. Furthermore, the majority of them reflect the ethical teachings 
of the prophets of the eighth century b.c. It is therefore probable that 
they were not promulgated before the latter part of that century. Some of 
them, as for example those in 17 1 -18 5 , cannot be earlier than the age of 
Deuteronomy. The remainder of the original Holiness Code apparently 

41 



ISRAELS LAWS AND TRADITIONAL PRECEDENTS 

records the standards and ceremonial usages in vogue in Judah during the 
hall" century immediately before the exile; although many of them doubtless 
reflect customs as old as the Hebrew race. Thus, as in the case of every 
Old Testament code, a majority of the laws are much older than the date of 
the collection in which they are at present found; hence, it may truly be said 
that the later Jewish traditions which aim to emphasize the antiquity of 
Israel's laws are not without a large and substantial basis in. fact. 



42 



VI 
THE PRIESTLY CODES 

For at least two centuries after the fall of Jerusalem in 586 B.C., the in- Growth 
fluences that had led Ezekiel and the author or authors of the Holiness Code Jere** 61 
to develop their legal systems, continued to bear abundant fruit. The result rnonial 
is a large body of heterogeneous regulations and traditional precedents, 
now scattered through Exodus, Leviticus and Numbers, but all sharing 
certain marked characteristics which distinguish them sharply from Israel's 
earlier laws. The first characteristic is that they all, with the exception of 
Numbers 27 1 " 11 , 35 and 36, relate to ceremonial observances. Thus at once 
are revealed the point of view of the priest and the dominant interest of exilic 
and post-exilic Judaism. These priestly laws represent the bridge over 
which the Israelitish race passed from the highly ethical and spiritual religion 
of the pre-exilic prophets to the rigorous ritualism of the scribes and Pharisees. 

Throughout, these laws assume the belief in one supreme Deity, worshipped Their 
by his people at one central sanctuary. Though written, as most of them J^nY** 
are, from the point of view of the wilderness, they ignore the unequivocal °fview 
testimony of the earlier historical records, and assume that the institutions 
which developed in the later days of the kingdom or grew out of the changed 
conditions of the exile, were in full force in the age of Moses. In this belief 
they share again the peculiar point of view of later Judaism. Like the 
Chronicler (cf. Vol. II, pp. 27, 28), they have, in their passionate love for 
the temple and its ritual, lost the historical perspective, and project back on 
the barren canvas of the wilderness the priestly ideals which fill their 
minds. 

Their vocabulary and conception of the ritual, as compared with those of Wide 
the pre-exilic lawgivers, have also undergone a fundamental transformation. Jons" 
Thus, for example, the earlier word for sacrificial gift (rtiinhah), a word that ^ om 
signified both vegetable and animal offerings, is used fully ninety times, but earlier 
always with the restricted meaning of cereal-offering. Likewise, the pre- co es 
exilic forms of sacrifice in which the individual offerers prominently participate, 
fall into the background; and in the later priestly codes practically all the 
sacrifices, with the exception of the sin-offering, are public and under the 
charge of the priests and Levites. Whole burnt-offerings, of which all or 
the greater part of the animal is consumed or given to the priestly representa- 
tives of Jehovah, take the place of those earlier sacrificial feasts in which only 
a small part was burnt and the major portion eaten by the offerer, his family 
and dependents, and the poor Levites. The ancient festivals cease to be 
joyous feasts closely connected with the harvests, and become solemn religious 
assemblies celebrated at fixed dates and with only slightly varying public 

43 



ISRAELS LAWS AND TRADITIONAL PRECEDENTS 

sacrifices. Certain new festivals, like the day of atonement, and certain 
new offerings, like the sin-offering, appear in these later laws. All these new 
ideas and institutions are the outgrowth of the sense of guilt impressed by the 
exile upon the consciousness of the race. These increased forms and sacrifices 
indicate also an ardent desire to attain a ceremonial purity more worthy of 
the favor of the Holy One. The separation between the priesthood and the 
laity, slight indeed in the earliest period, is now complete; and the distinction 
between priest and Levite, first made by Ezekiel, is now absolute; each class 
of temple ministers, moreover, have defined for them in detail their rights 
and limitations. 
Aims These radical distinctions evince the real animus of the later priestly law- 

pnestly givers. Like Ezekiel and the authors of the Holiness Code, on the one hand, 
law- f} ie y we re uplifted by an awful sense of the holiness and majesty of Jehovah; 
and on the other hand, like all their race after the great calamity of 586 B.C., 
they were crushed with a sense of national guilt. As individuals they were 
conscious of no great sins, but their race as a whole seemed to lie, rejected and 
polluted, under the dark shadow of Jehovah's displeasure. The prophetic 
doctrine of personal righteousness seemed inadequate to meet the needs of 
the situation. The priest, therefore, influenced by all the precedents of the 
past, by the example of the Babylonians and other contemporary nations and 
by the traditions of their own class, sought relief through the ritual. Forth- 
with they set to work to purge their ritual of its unworthy heathen elements, 
to elaborate it in such manner that it might prove adequate to the great need, 
to guard it by carefully formulated laws from all irregularity or perversion, 
and finally, so to establish its divine authority that the faithful observation of 
each regulation would be assured. 
Evi- Studied in the light of these common aims, the various priestly laws possess 

of grad- a rea l unity. At the same time the evidence indicates clearly that they come 
ual _ not from one but several hands, during a period of a century or two; for 

ffTOW til • 

and within the priestly codes themselves there are repetitions of particular laws 
ent er " in the same or different forms. Leviticus 6 8 -7 38 , for example, covers 
editors practically the same ground as chapters 1—5; and in some cases laws that 
appear to be late supplant or modify or supplement older regulations. The 
present structure of the priestly codes indicates, moreover, that they are made 
up of originally distinct, sometimes very loosely co-ordinated, groups of laws. 
The Such a group is found in Leviticus 1—3, 5-7, 11-15, Numbers 5, 6, 

Sirec- 1^ an d 19 14 " 22 . It is distinguished from all other groups by the presence of 
tions such introductory or closing formula? as: This is- the toraJi of the burnt-offering 
teach- (Lev. 6 9 ), or of the cereal -offering (Lev. G 14 ), or of the guilt-offering (cf. also 
Ln * Lev. 6 25 , 7 11 , ll 46 , 12 7 , 14 1 - 54 , 15 32 , Nu. 5 29 , 6 21 , l!) 14 '). This collection of 
laws is evidently a manual for the guidance of priests and worshippers in the 
discharge of their sacrificial obligations. It deals with the different kinds of 
sacrifice, the distinctions between clean and unclean, the rules of observance 
for priests and people, and the duties of those assuming the Nazirite vow. 
The majority of these laws are evidently based on toroth or decisions rendered 
by the priests (hence for the group the technical designation P l ). The fre- 
quently recurring phrase, according to the ordinance (e. g., Lev. 5 10 , Nu. 15 24 ), 

44 



THE PRIESTLY CODES 

also suggests that many of these laws simply reproduce established (possibly 
earlier documentary) regulations of the pre-exilic temple. 

In language and theme the priestly directions are rather closely related Their 
both to each other and to the Holiness Code. They have been revised at and" 
certain points and adapted to the priestly point of view; but in their oldest date 
form they were apparently associated with the pre-exilic tent of meeting, 
not with the late priestly dwelling or tabernacle. Furthermore, occasional 
traces of pentads strengthen the conclusion that this group of laws, like the 
Holiness Code, has as its nucleus certain pre-exilic priestly regulations. 
These earliest regulations have been supplemented by formularies of customs 
that had gradually grown up about the temple, and by rules of procedure 
given by older priests for the guidance of their younger colleagues and for 
worshippers. The changed conditions of the exile led to further revision 
and supplementing, until these priestly directions attained their present form. 
To date them exactly is impossible. The older pentads probably go back 
to the days of the two Hebrew kingdoms, and, in many cases, doubtless reflect 
still earlier customs. The final formulation of the laws as a whole cannot, 
however, be dated before the earlier part of the exile. They were probably 
joined to the other priestly codes at a considerably later date; for they have 
no organic connection with their context nor with the historical framework 
that furnishes the setting for most of the later laws. 

The groundwork of the priestly codes (technically known as P&) consists The 
(1) of an historical introduction to the Old Testament laws as a whole (desig- work" " 
nated in Vol. I, pp. 43-48, as the Late Priestly Narratives), and (2) of a more of the 
or less homogeneous group of laws that is adjusted to this framework, codes 
As has already been noted (Vol. I), the historical sections are very terse, 
indeed little more than genealogical lists, except where they expand to in- 
troduce a covenant like that of the sabbath (Gen. l 1 -^ 4 * 1 ), or an important 
legal institution like the rite of circumcision (Gen. 17). They trace Israel's 
history in outline to the settlement in Canaan; but they find their true cul- 
mination in the covenant and traditional legislation at Sinai. Sinai and the 
wilderness, therefore, furnish the setting for all the laws peculiar to this ground- 
work. The dwelling or tabernacle takes the place of the later temple, and 
all the laws intended for subsequent use centre about it. In the wilderness, 
apart from all people and things that might defile, the ideal ceremonial purity 
of the congregation and camp is set forth in carefully elaborated regula- 
tions. 

To this groundwork belong the main body of the laws regarding the passover its con- 
in Exodus 12 1 " 13 ' 4 3-49, ^he detailed directions regarding the dwelling or J^* 8 
tabernacle in 25-29, the law of the sabbath (35 2 ' 3 ), the consecration of the date 
priesthood (Lev. 9-10), the day of atonement (16), the sacred calendar 
(234-8, 23-25, 33-38^ t h e ] am p S an d showbread (24 1-9 ), the census at Sinai 
(Nu. I 1 " 4 ), the Levites (3), the priestly benediction (6 22-27 ), the use of trumpets 
(10 1 " 8 ), and the duties and dues of the priests and Levites (18). The fact that 
the same technical terms, peculiar idioms, and characteristic ideas bind to- 
gether these laws and their historical setting, suggests that they may have 
once constituted an independent literary unit. If so, they may, on the basis 

45 



ISRAEL'S LAWS AND TRADITIONAL PRECEDENTS 

of the narrative sections, be approximately dated somewhere between 450 
and 400 B.C. (cf. Vol. I, p. 47). 
The What has been true of all legal codes was especially so in a period of intense 

mental literary activity such as this; the work of revision and supplementing in all 
pnestiy likelihood began soon after the groundwork was complete. Whether the 
Holiness ('ode and the priestly directions were among the first additions cannot 
be definitely determined. Aside from these larger and older codes, the 
additions to the groundwork represent simply the continuation of the process 
that had already produced the earlier groups of priestly laws. These supple- 
mental priestly codes, however, have their own peculiarities in vocabulary 
and thought. They are intended to fill up the gaps in the older system of 
laws and to define more definitely the method of procedure. In this respect 
they are the immediate precursors of the oral law of later Judaism now found 
in the Mishna; for traditional precedents, such, for example, as the story of 
Zelophehad's daughters in Numbers 27 1 " 11 , here figure prominently, and are 
none other than earlier types of the halachic midrashim that became so 
popular with the later scribes. The tendency to make the ritual more elaborate 
is strong. Thus, an altar of incense, not previously known, is introduced; 
and the formal act of anointing, hitherto reserved for the consecration of the 
high priest, is now extended to the ordinary priests; the formula of blood- 
sprinkling, also, becomes more elaborate, and a secondary passover is added. 
These supplemental laws increase in many ways the income of the temple 
and priests; the tithe of the ground, for example, is extended to the herd, 
and the poll-tax becomes one-half instead of one-third of a shekel. 
Their The supplemental laws bulk large in the Pentateuch; but such is their pro- 
tenta lixity and their reiteration of older regulations that their importance is far from 
proportionate to their volume. They mark the beginning of that intellectual, 
spiritual and literary deterioration which is still more in evidence in the Mishna 
and Talmud. To these supplemental codes belong the detailed and repetitious 
account of the preparation of the dwelling or tabernacle in Exodus 35-40, 
the law of the sin-offering (Lev. 4), the consecration of Aaron and his sons 
(8), the fiftieth year of jubilee (25 8 ~ 17, 23> 25 " 55 ), vows and consecrated gifts (27), 
the order of the tribes (Nu. 2), the census of the adult males (4), the dedication 
of the altar (7), heterogeneous ceremonial laws (8 and 9), purification with the 
ashes of the red heifer (19), the law of inheritance illustrated by the case of 
Zelophehad's daughters (27 1-11 ), the calendar of sacred seasons (28, 29), 
regulations regarding vows made by men and women (30), the laws of war 
(31), and the marriage of an heiress (36). In addition to these independent 
regulations, almost all the important earlier priestly laws contain supplemental 
sections from the hands of the late priestly scribes, who sought thus to bring 
the older into harmony with the later institutions. 
Their Most of the supplemental priestly laws bear on their face the evidence of 

and' n their late origin; but a few of them, those for example regarding vows, 
date probably reflect comparatively early usage. Obviously it is difficult to fix 
the date of these laws, for they clearly represent the growth of many years. 
Possibly some of them had already found a place in the law-book accepted 
about 400 B.C. by the Jewish community in Palestine (Neh. 10). It is prob- 

46 



THE PRIESTLY CODES 

able, however, that the majority are later additions. The temple tax, for 
example, in the days of Ezra and Nehemiah was still one-third of a shekel 
(Neh. 10 32 ) and not one-half, as required by the supplemental law in Exodus 
3Q11-16 And, as has already been noted, the date of the great day of atone- 
ment must have been fixed later, for there is no suggestion in Ezra or Nehe- 
miah of its having been observed on the tenth day of the seventh month. 
The fact that in Nehemiah 10 37 only the tithe of the ground is required, 
as in the earlier priestly codes, likewise indicates that the definite supplemental 
law in Leviticus 37 30 " 33 , which adds a tithe of the herd and of the flock, was 
not yet incorporated in the law of Moses. With most of these later regula- 
tions, however, the Chronicler was familiar. It is safe to say, therefore, that 
the priestly codes in their composite form were, with the possible exception of 
certain brief scribal additions, in existence and accepted as authoritative by 
the Jewish race at least as early as 250 B.C. 

As is well known, the influences which in divine providence produced the His- 
priestly codes did not cease to be felt when the canon of the law was closed, later ° 
Old institutions continued to develop and new ones to come into existence. Jewish 
Hundreds of legal questions not anticipated by the Old Testament laws 
arose, and the final decisions in time came to have binding authority. In. 
most cases traditional precedents associated with Moses were developed, 
usually as a product of scribal imagination, to lend support to that authority. 
For centuries these were treasured and augmented in the rabbinical schools. 
Lest they should supplant the written law of the Pentateuch, they were at 
first preserved only in oral form; but at length their bulk defied the power 
of human memory. The scattering of the Jews after the destruction of 
Jerusalem in 70 a.d., also endangered their preservation. Accordingly by 
200 a.d. they were committed to writing. The Mishna, which records the 
majority of them, itself in time failed to answer all the questions that changed 
conditions and rabbinic imagination suggested: about it in turn there grew 
up during the succeeding centuries a vast body of comments and traditional 
decisions, ultimately gathered together about 600 a.d., in the great treasury 
of Jewish thought and literature, the Babylonian Talmud. 

The priestly codes, in their final written form, stand at the middle point in Place 
a process of legal development that began in remote Semitic antiquity priestly 
(cf. Frontispiece). For nearly two thousand years it can be traced in the life codes 
and literature of the Israelitish race. No one will maintain that the priestly history 
codes represent the zenith of that development; it is rather to be found in the rLut- 
Deuteronomic and Holiness codes. In many ways the priestly laws repre- ish law 
sent a step backward to the more primitive stages when religion and religious 
duty were defined in the terms of the ceremonial. 

There are few institutions or rites in the priestly codes that were not in Strong 
vogue among other Semitic peoples and especially the Babylonians. Both e nc ^" f 
races had practicallv the same sacrificial terminology ; the same kinds of com ' 

mon 

vegetable and animal sacrifices were offered; victims a year old were preferred Semitic 
and they must be without blemish; arks, altars, temples, tables of showbread, JJon a tu " 
and the paraphernalia of sacrifice were nearly identical. The distinctions be- 
tween clean and unclean food, and the laws of ceremonial purity were shared 

47 



ISRAELS LAWS AND TRADITIONAL PRECEDENTS 

in common. In almost every law of the priestly codes the influence of the 
inheritances from Israel's primitive past and of the Babylonian religion with 
which the exiled priests came into closest contact, is clearly reflected. Hence 
it was inevitable that the clear prophetic vision of God should often be ob- 
scured by the priesthood and the ritual, that the individual should become 
only a member of the congregation, and that forms strikingly similar to those 
of the peoples about should take the place of that personal worship which 
the prophets so fervently upheld. 
The And yet it must be remembered that the priestly laws are not antithetic 

value to the older prophetic legislation. Both continued to exist side by side until 
Bienifi- tne - v were united by a priestly editor. The priestly lawgivers assumed the 
cance ethical and personal teachings of the early codes as the basis upon which 
priestly they reared their ritual and hierarchy. They also appreciated the firm hold 
codes t j iat t ] ie anc f en t ritual had upon the great body of their nation. Though its 
origin was in a sense heathen and its influence often debasing, they could not 
expel it if they would. Accordingly they devoted themselves to singling out 
those older laws and customs that were adapted to the new conditions, to 
eliminating the debasing elements in the prevailing religious rites, and to giving 
the ritual as a whole a nobler and more spiritual meaning. History records 
the success of their efforts. Through the period of greatest peril and trial 
they preserved their race and religion intact within the wall of separation 
which they reared high about them. And though without the heathen raged, 
within that sacred enclosure the faithful — as the Psalms abundantly attest 
— found inward peace and joy in the presence of the Eternal Father. 






48 



PERSONAL AND FAMILY LAAVS 



PERSONAL AND FAMILY LAWS 

A 

Personal Relation and Condition 



PARENTS AND CHILDREN 

§ 1. Honor and Obedience Due Parents, Ex. 21 ". », Dt. 5 1 * [Ex. 20 12 ], 
Dt. 21 l8 * 21 , 27 16 , Lev. 19 3 *, 20» 
Primitive Codes 

Ex. 21 15 He that striketh his father or his mother shall be put to death. Penalty 
17 He that curseth his father or his mother shall be put to death. fj[ al 

im- 
personal Relation and Condition. — Israel's primitive laws contain no references to the 
king or state or even to judges; but the master who stands at the head of the household is 
frequently mentioned, Ex. 21 56 , 22 8 . He is regarded as the responsible and representative 
member of society. The earliest laws themselves deal chiefly with questions that concern 
the family. This characteristic is undoubtedly due to the fact that they embody usages and 
customary laws that come from the early nomadic stage when there was no organized state 
and when the family or tribe was the only social unit. 

Throughout most of the period represented by the O.T., Israelitish society retained its 
original simple organization. At the head of the family was the father. Sharing with him 
the authority was his wife, if she was the mother of sons. Next in rank, but ever subject 
to their father, with whom they usually continued to live even after they had wives and chil- 
dren of their own, stood the sons. The daughters always occupied a very inferior position, 
being counted as little better than slaves until they were married and became mothers. Hired 
servants, either foreigners or freedmen who possessed little property but not yet reduced by 
poverty to slavery, are recognized in the laws. Much more numerous and important were the 
household slaves. Both foreigners and native Israelites were found in their ranks. Out- 
side the family and regarded as wards of the community or state, were the aliens who had 
become permanent residents in the land of Israel. 

§ 1 It is to the lasting glory of the O.T. legislators that they broke away from oriental 
tradition and demanded equal homage for both mother and father. The emphasis given 
to this law is doubtless due to the fact that the authority of the father was one of the corner- 
stones of early Israelitish society, and thu,t obedience to the human parents was closely akin 
to obedience to the Divine Parent. Semitic law never went as far as the Roman, which gave 
to the father absolute power of life and death over his children. The Code of Hammurabi 
is still milder, for it not only aims to protect the son's right of inheritance even against the 
wishes of the father but also rules that: 

§ 169 If he has committed a grave crime against his father, which cuts off from sonship, 
for the first offence he shall pardon him. If he has committed a grave crime a second time, 
the father shall cut off his son from sonship. 

The old Sumerian laws, however, made slavery the penalty for a son who repudiated 
his father: 

If a son has said to his father, You are not my father, he may brand him, lay fetters upon 
him, and sell him. 

If a son has said to his mother. You are not my mother, one shall brand his forehead, 
drive him out of th" city, and makz him go out of the house. 

The Babylonian, as well as the Hebrew father had the right to sell his children, if need 
be, as slaves, or to hire out his son and to take his wages. 

51 



Dt. 5 16 ] PARENTS AND CHILDREN 

Deuteronomic Codes 

Reward Dt. 5 ir, Honor thy father and thy mother, as Jehovah thy God hath 
pi ety commanded thee; that thy days may be long, and that it may go well with 

thee, in the land which Jehovah thy God giveth thee. a 
Proced- 21 18 If a man have a stubborn and rebellious son, who will not obey the 
indie v °ice of his father, or the voice of his mother, and, though they chastise him, 
(a |f V f wiU not gi y e heed to them, 19 his father and his mother shall take hold of him, 
disobe- and bring him before the elders of his city, and to the gate of the place 
; where he lives, 20 and they shall say to the elders of his city, This our son 

is stubborn and rebellious, he will not obey our voice; he is a spendthrift 

and a drunkard. 21 Then all the men of his city shall stone him to death; 

thus thou shalt put away the evil from thy midst, and all Israel shall hear, 

and fear. 
Public 27 16 Cursed be he who dishonoreth his father or his mother. And all 

the people shall say, So may it be. b 



con- 

derana 
tion 



Holiness Code 

Reiter- Lev. 19 3a Ye shall fear each man his mother and his father. 20 9 For 
of 'the every one that curseth his father or his mother shall be put to death; he hath 
older cursed his father or his mother; his blood shall be upon his own head. 

§ 2. Authority of Father over Unmarried Daughter, Nu. 30 3B 
Supplemental Priesthj Codes 

Father Nil. 30 3 When a woman maketh a vow to Jehovah, and bindeth her- 
anmd° se ^ by a pledge, while she is still in her father's house, in her youth, and her 
even a father heareth her vow, and her pledge with which she hath bound herself, 
made and her father saith nothing to her, then all her vows shall be valid, and every 
('laugh- pledge with which she hath bound herself shall be valid. 5 But if her father 
ter express his disapproval of her on the day that he heareth, none of her vows 
or her pledges with which she hath bound herself shall be valid; and 
Jehovah will forgive her, because her father expressed his disapproval of her. 

a Dt. 5 16 The variant in Ex. 20 12 reads, Honor thy father and thy mother that thy days may 
be long upon the land which Jehovah thy God ijircth t/iee. Both contain the original brief com- 
mand of the prophetic decalogue, supplemented by a statement of the blessing that will surely 
follow its faithful observance. 

b Dt. 27 1G This verse comes from the later supplement to the book of Deuteronomy. It 
may, however, represent an old liturgical formula. The language of these curses, Dt. 27 14-26 , is 
related to the Judgments in Ex. 21-22 20 , and the Holiness Code. 

§ 2 The phraseology of this section connects it with some of the latest additions to the 
O.T. It is not closely joined to its context, 29 and 31. but rather supplements the laws re- 
garding vows in Lev. 27 and Nu. 6. It. however, probably reflects earlier usage and well 
illustrates the lefr.-il status of the unmarried Hebrew daughter, for a vow in ancient times was 
otherwise regarded as irrevocable. 



52 



FORBIDDEN MARRIAGES [Dt. 22 30 

II 
THE MARRIAGE RELATION 

§ 3. Relatives between whom Marriage is Illegitimate, Dt. 22 30 , 27 20 - ■>. 23 , 

Lev. 18 6 - 18 . 24 - 2S 

Deuteronomic Codes 

Dt. 22 30 A man shall not marry his father's wife and shall not uncover With a 
his father's skirt. c 27 20 Cursed be he who lieth with his father's wife, ^ her 
because he hath uncovered his father's skirt. And all the people shall say 
So may it be. 

22 Cursed be he who lieth with his half-sister, the daughter of his father, With a 
or the daughter of his mother. And all the people shall say, So may it be. si g te " r 

23 Cursed be he who lieth with his mother-in-law. And all the people With a 
shall say, So may it be. iS-law^ 

Holiness Code 

Lev. 1 8 6 None of you shall approach to any who are closely related to With 
him, to uncover their nakedness : I am Jehovah. 7 The nakedness of thy J£ ° t ™p_ 
father, and the nakedness of thy mother, shalt thou not uncover; she is thy mother, 

om own or 

mother; thou shalt not uncover her nakedness. 8 The nakedness of thy haif- 
father's wife shalt thou not uncover; it is thy father's nakedness. 9 The sister 
nakedness of thy sister, the daughter* 1 of thy mother, whether born at home, 
or away, her nakedness thou shalt not uncover. 

10 The nakedness of thy son's daughter or of thy daughter's daughter, With a 
their nakedness thou shalt not uncover; for their nakedness is thine own. §augh- 
11 The nakedness of thy father's wife's daughter, begotten of thy father, who ter - 
is thy sister — her nakedness thou shalt not uncover. 12 Thou shalt not un- daugh- 
cover the nakedness of thy father's sister; she is thy father's near kinswoman, fjwj^r 
13 Thou shalt not uncover the nakedness of thy mother's sister; for she is thy sister- 
mother's near kinswoman. 14 Thou shalt not uncover the nakedness of thy 

Marriage Relation. — Since the family was the most important unit in ancient Semitic 
society, marriage was always carefully guarded. So completely was attention fixed on the 
interests of the family and clan that the parents always arranged the preliminaries, and the 
feelings and wishes of the contracting parties were rarely, if ever, consulted. 

§ 3 This group of laws and its counterpart, Lev. 20 11 - 12 - u < u < 19 " 21 are evidently intended 
primarily to guard the purity and peace of the family life. No distinction is made between 
relationship by marriage and by blood. The three capital offences are marriage with a step- 
mother or a daughter-in-law, or both a mother and her daughter, Lev. 20 11 - 12 - u < § 72. In 
none of these cases is the alliance between blood kinsmen. 

The O.T. laws record the successive stages in the development of the moral conscious- 
ness of the nation in regard to marriage. The primitive laws are silent and the earliest narra- 
tives imply that the usage of the Hebrews was similar to that among the Egyptians and Per- 
sians, where marriage between brothers and sisters and in some cases between parents and 
children was not unknown. Thus according to Gen. 20 12 , Abraham married his half-sister. 
If David's son Amnon had chosen to marry his half-sister Tamar, evidently the public opinion 
of his day would have approved the act, II Sam. 13 13 . Lot married two daughters according 
to the tradition in Gen. 19 30-38 ; Jacob married two sisters; Moses' father married his own aunt, 
Ex. 6 20 . The law of levirate marriage survived in the face of later public opinion. The 
desire to perpetuate the family and to keep intact its hereditary wealth, was stronger in the 

c Dt. 22 30 Evidently a euphemism; enter into marital relations with a stepmother. 

d Lev. 18 9 A scribe has added, anticipating the detailed law in, 11 the daughter of thy father or. 

53 



Lev. 18 14 ] THE MARRIAGE RELATION 

Holiness Code 

fa tlier's brother, thou shalt not approach his wife; she is thine aunt. 15 Thou 

slialt not uncover the nakedness of thy daughter-in-law; she is thy son's 

wife; thou shalt not uncover her nakedness. 16 Thou shalt not uncover the 

nakedness of thy brother's wife; it is thy brother's nakedness. 

With 17 Thou shalt not uncover the nakedness of a woman and her daughter; 

mother th° u sna ^ not ta ke her son's daughter, or her daughter's daughter, to un- 

a . nd , cover her nakedness; they are near kinswomen ; it is unchastity. 18 And thou 

ter or shalt not take a woman as your wife in addition to her sister, to be her rival 

Saugh- to uncover her nakedness, beside the other in her life-time. 24 Defile not 

te . r or yourselves in any of these ways, for in all these ways the nations, which I am 

two casting out before you defiled themselves; 25 thus the land became defiled, 

sisters an j j visited its iniquity upon it and the land cast out its inhabitants. 

§ 4. Marriage with a Captive, Dt. 21 J - 1 * 
Deuteronomic Codes 
Forms Dt. 21 10 When thou goest forth to battle against thine enemies, and 
fimita- Jehovah thy God delivereth them into thy hands, and thou earnest them 
tions to aW ay captive, n and seest among the captives a beautiful woman, and thou 
served hast a desire for her, and wouldest make her thy wife, 12 then thou shalt bring 
her home to thy house; and she shall shave her head, and pare her nails; 
13 and she shall put off the garb of her captivity, and shall remain in thy 
house, and lament for her father and her mother a full month. After that 
thou mayest go in unto her, and be her husband, and she shall be thy wife. 
14 But if thou have no delight in her, then thou shalt let her go where she 
will; but thou shalt not in any case sell her for money, thou shalt not deal 
with her as a slave, because thou hast humbled her. 

§ 5. Marriage with Aliens, Ex. 34 12 ». ". i 6> Dt. 7 1 -*, Nu. 25 6 - 1 * 
Deuteronomic Codes 
No Ex. 34 12a Take heed 15 not to make any alliance with the inhabitants 

max- OI " tno land, lest, when they play the harlot after their gods and sacrifice 
ria ^e to their gods and thou be invited, thou eat of their sacrifice; 16 and lest, if 

with ° 

native 

peoples earlier period than the moral sense. The latter evidently developed rapidly under the preach- 
ing of the prophets, so that in Dt., and in the older decalogues preserved in the Holiness Code, 
it finds definite expression in laws which Ezek. makes the basis of one of his sermons, 22 10 ' ll . 
§ 4 Female captives in war, like slaves, were adopted by the Israelitish community and 
family. Therefore the law provides for the marriage of Hebrews with them, simply stipulating 
that it shall not be done hastily and without consideration for the feelings of the captive. 
Having been raised to the position of a wife, she cannot again be sold as a slave. The Babylon- 
ian law also made the same provisions regarding female slaves, if they had borne children to the 
master. It further decreed, H. C. § 137, that if divorced the slave must be provided with 
means to support the children, and that when thoy had grown up she should have the equivalent 
of one son's share in her first husband's property ami be free to marry the husband of her choice. 
§ 5 The laws against intermarriage with foreigners cannot be traced back beyond the 
late prophetic codes. Indeed the supplemental editorial addition in Ex. 34 1B < 16 and in Dt. 7 14 
are probably little, if at all, earlier than the Babylonian exile. The suggestive silence of the 
primitive codes is explained by the references in the earlier historical narratives where the 
marriage of kings like David, Solomon, and Ahab, and of private citizens like Samson and 
the mother-in-law of Ruth with foreigners, is a common practice, uncondemned by the earlier 
writers. 

Non-intermarriage, however, was a corollary of Elijah's stern principle of non-alliance 
with foreigners. The Deuteronomic school first applied this principle rigidly to the life of the 
nation. The changed conditions of the Babylonian exile made non-intermarriage an absolute 

54 



MARRIAGE WITH ALIENS [Ex. 34 16 

Deuteronomic Codes 

thou take their daughters as wives for thy sons, and their daughters play 
the harlot after their gods, thou also make thy sons play the harlot after 
their gods. 

Dt. 7 1 When Jehovah thy God shall bring thee into the land which thou Extir- 
art going in to possess, and shall clear away many nations before thee, the noJj lon 
Hittites, the Girgashites, the Amorites, the Canaanites, the Perizzites, the inter_ 
Hivites, and the Jebusites, seven nations greater and mightier than thou, riage, 
2 and when Jehovah thy God shall deliver them into thy hands and thou ] at e er 
shalt smite them, then thou shalt completely destroy them e without making law 
any terms with them, or without showing any mercy to them; 3 neither shalt 
thou make marriages with them; thou shalt not give thy daughter to his son, 
nor shalt thou take his daughter as a wife for thy son. 4 For he will turn 
away thy son from following me to serve other gods so that the anger of 
Jehovah will be kindled against you, and he will quickly destroy thee. 

Priestly Codes 

Nil. 25 6 Now, behold, one of the Israelites came and brought home to Atradi- 
his kinsmen a Midianite woman in the sight of Moses and of all the congrega- po- 
tion of the Israelites, while they were weeping at the door of the tent of dent: 
meeting. 7 And when Phinehas, the son of Eleazar, the son of Aaron the the 
priest, saw it, he rose up from the midst of the congregation and took a spear f™ ty 
in his hand, 8 and went after the man of Israel into the large tent and thrust inter- 
both of them through, the man of Israel and the woman, through the body, riage 
So the plague was stayed from the Israelites. 9 And those who died of the 
plague were twenty-four thousand. 

10 And Jehovah spoke to Moses, saying, 11 Phinehas, the son of Eleazar, Reward 
the son of Aaron the priest, hath turned away my wrath from the Israelites, phi ne - 
in that he was jealous with the jealousy which I myself show among them, has ' 
so that I did not consume the Israelites in my jealousy. 12 Therefore say, 
* Behold, I give to him my covenant of peace; 13 and it shall be to him and his 
descendants after him the covenant of an everlasting priesthood; because 
he was jealous for his God and made atonement for the Israelites.' 

§ 6. Marriage of Priests, Lev. 21*. " 1S 
Holiness Code 

Lev. 2 1 7 A priest f shall not marry a woman who is a harlot or dishonored; Not to 
nor shall he marry a woman who has been divorced from her husband; for JJfUJI 
a priest is consecrated to his God. moral 

essential, if the exiles were to preserve their racial identity. The records of Ezra 9, 10 and 
Neh. l3 2 3-28 clearly indicate that the Jews of Palestine continued to intermarry with foreigners 
as late as 400 B.C. With the adoption of the priestly law they appear to have accepted the 
stricter rule in force among the Jews of the dispersion, so that from this time marital alliances 
with any outside the race were regarded as illegal. The late priestly precedent in Nu. 25 6 - 15 
was evidently intended to aid in enforcing this law and to trace it back to Moses, cf. Introd. 
p. 46. Marriage with resident aliens who had permanently identified themselves with the 
Jewish community 
Code, Lev. 22 12 . « 



woman 



fewish community was permitted even in the case of a priest's daughter, at least in the Holiness 



e Dt. 7 2 Lit., devote, put them under the ban. i. e., put them to death. 

§ 6 In this concrete and effective way the later lawgivers impressed upon the minds of 
the people through the symbolism of the ritual, moral as well as ceremonial obligations. 
'Lev. 21 7 Heb he 

55 



Lev. 21 13 ] THE MARRIAGE RELATION 

Holiness Code 

The 13 A high priest shall take a virgin as his wife. 14 A widow, or a divorced 

prLit woman, or a dishonored woman, or^ a harlot, such he shall not take; but 

a virgin of his own father's kin shall he take as his wife, 15 that he may not 

make his offspring dishonored among his father's kin : for I am Jehovah 

who sanctifieth him. 

§ 7. Marriage after Seduction, Ex. 22 l «, Dt. 22 23 - » 
Primitive Codex 

Seduc- Ex. 22 16 If a man entice a virgin who is not betrothed and lie with her, 
avh-gin ne must make her his wife by paying a dowry for her. 

Deuteronomic Codes 

A wife Dt. 22 28 If a man find a virgin who is not betrothed and take hold of 
wedded her and lie with her, and they be caught in the act, 29 the man who lay with 
never her shall give to the girl's father fifty shekels of silver; moreover she shall be 
vorced his wife because he hath humbled her; he may not divorce her as long as 
he liveth. 

§ 8. Levirate Marriage, Dt. 25 510 

Deuteronomic Codes 

The Dt. 25 5 If brothers dwell together, and one of them die without having 

oTa'de- a son > the w ^ e °f the deceased shall not be married to a man outside the clan; 
ceased her husband's brother shall go in unto her, and make her his wife, and per- 
be per- form the duty of a husband's brother to her. 6 The first son whom she 
ated by beareth shall succeed to the name of his brother who is dead, that his name 
J" 3 ., may not become extinct in Israel. 

brotiiGr 

Proced- 7 But if the man doth not wish to take his brother's wife, then she shall go 

"JJ e if up to the elders at the city gate and say, My husband's brother refuseth to 

viving perpetuate his brother's name in Israel; he will not perform the duty of a 

refuses 1 " husband's brother to me. h 8 Then the elders of his city shall call him, and 

to do speak to him; and if he stand, and say, I do not wish to take her, 9 then his 

duty brother's wife shall come to him in the presence of the elders, and loose his 

sandal from off his foot, and spit in his face; and she shall speak forth and 

say, Thus shall it be done to the man who will not build up his brother's 

house. 10 And his house shall be called in Israel, ' The house of him who hath 

his shoe loosed.' 

e Lev. 21" So Gk. The Heb. omits or. 

§ 7 The prophetic lawgivers sought to guard against social immorality and the neglect 
of the marriage obligations by also imposing a definite marriage dowry and refusing divorce to 
the man who defied the laws of society. The amount fixed was fifty shekels in contrast to the 
thirty shekels usually paid for a slave. 

§ 8 The aim of this law is to prevent the extinction of a family. Although recorded only in 
Dt., it is clearly an ancient institution, for it is assumed in the early Judean prophetic narra- 
tive of Gen. 38 8 ' 14 > -"', and in the story of the marriage of Ruth and Boaz. The custom is not 
confined to the Hebrews, but is widely prevalent. The Hindu Laws of Manu enforce it in 
case the deceased leaves no issue of either sex. The same law is in force in Madagascar and 
among the Calchaquis of Brazil. The Hebrew version in Deuteronomy limits the law to cases 
where the deceased was living on the same estate with his brother and left no male heir. 

»' Dt. 2o 7 Cf. Ruth 4 1 . 

56 



AUTHORITY OF A HUSBAND [Nu. 30 6 

§ 9. Authority of a Husband over his Wife, Nu. 30 s -s. i3-u 
Supplemental Priestly Codes 

Nu. 30 6 If a woman be married while her vows are upon her, or the rash Hus- 
utterance of her lips with which she hath bound herself, 7 and her husband power* 
hear of it, and say nothing to her on the day that he heareth of it, then her to an_ 
vows shall be valid, and her pledges with which she hath bound herself shall vow 
be valid. 8 But if her husband express his disapproval of her on the day j^nis 
that he heareth of it, then he rendereth her vow invalid, and the rash utter- wife 
ance of her lips, with which she hath bound herself; and Jehovah will forgive 
her. 13 Every vow and every oath pledging some self -infliction 1 her husband 
may render valid or invalid. 14 But if her husband say nothing to her for 
several days, then he hath rendered all her vows or all her pledges which 
rest upon her valid; he hath rendered them valid because he said nothing 
to her on the day that he heard of them. 15 But if he render them null and 
invalid, after he hath heard of them, j he taketh her k iniquity upon himself. 

§ 10. The Test of a Wife's Chastity and the Penalty for Unchastity, 

Dt. 22 13 " 21 Nu. 5 29< 13b - 30a> 14b - 30b > 16, 17, 19, 20, 22, 25, 26b> 27a > 28 

Deuteronomic Codes 

Dt. 22 13 If, after a man has married a wife and entered into marital Proced- 
relations with her, he turn against her, 14 and frame against her shameful "Iseof 



chas- 



§ 9 This law has many peculiarities and few points of contact with the original priestly tit " 
legislation. It is more akin to the later rabbinical discussions, and, therefore, is probably a y 
very late addition to the Pentateuch. It clearly illustrates the secondary place assigned to 
women by oriental custom: even in assuming religious obligations the wife must have the 
approval of her husband. 

1 Nu. 30 13 Lit., to afflict herself, i. e., some form of abstinence; usually fasting is intended, 
cf. Is. 58 3 - 5 , Ps. 35 13 . 

j 30 15 /. e., tries to annul her vows after he has tacitly endorsed them. 

k 30 15 Gk. and Sam., his. . 

§ 10 Among the Arabs to-day and in the villages of Palestine, the evidences of a bride's 
chastity are stui displayed, cf. Buckhardt, Arab Proverbs, 117; Bedouins, I, 266. Although 
the absence of this evidence is not necessarily a positive proof of unchastity. the crude law 
of the nomad still accepts it as a sufficient cause for divorce. The law in Dt. 22 13 " 21 clearly 
reflects exceedingly primitive usage. Possibly still more primitive— certainly more barbarous 
— is the ordeal proposed in Nu. 5 to satisfy the jealous suspicions of a husband regarding his 
wife's chastity. The duplication of parallel and yet distinctly variant phrases, the evidence 
of different points of view, and in general the prolixity of the present law reveal the presence 
here of two originally distinct laws; one proposing a test by ordeal to determine whether the 
suspected wife is guilty or innocent, the other outlining a method of punishing by ordeal a wife 
whose guilt is already established. The latter law is given under § 70, which deals with adultery. 

The law of jealousy was probably introduced in Nu. 5 by one of the later priests. Similar 
rites were in vogue among many primitive peoples, e. g., the Hindus, cf. The Laws of Manu, 
IX-XIV; the Greeks, cf. Frazer's Pausanias' Description of Greece, TV, 175 ff., 253 ff. Among 
the negroes of West Africa the bitter water (probably containing poisonous herbs) figures, cf. 
Ratzel, Volkerkunde II, 55, 349. In Japan an accused man is made to drink water in which 
paper inscribed with a certain character has been dipped. This is supposed to cause him pain 
until he confesses his guilt. Cf. Gray, Numbers, 44, 45 for additional illustrations. 

Like all trials by ordeal, the injustice to the innocent is obvious. In the case of the 
guilty the appeal to superstitious fear undoubtedly often revealed the culprit. Probably this 
and the sacred lot are only two of the many similar rites which were in force among the early 
Hebrews. The Code of Hammurabi dealt with the problem much more simply and humanely: 

§ 131 If a man's wife has been accused by her husband, and has not been caught lying 
with another, she shall swear her innocence, and return to her house. 

An older custom, however, strikingly similar to the Hebrew law in that it provides for 
trial by ordeal, is found in the same code: 

§ 132 If a man's wife has the finger pointed at her on account of another, but has not been 
caught lying with him, for her husband's sake she shall plunge into the sacred river. 

57 



Dt. 22 14 ] THE MARRIAGE RELATION 

Deutcronomic Codes 

charges, and give her an evil name and say, I married this woman, and when 
I came near to her, I did not find in her the evidences that she was a virgin, 
15 then the father of the young woman and her mother shall take and bring 
evidences of the young woman's virginity to the elders of the city at the gate; 
10 and the young woman's father shall say to the elders, I gave my daughter 
to this man as wife, and he turned against her; I7 and now see he hath framed 
shameful charges saying, 'I did not find in thy daughter the evidences that 
she was a virgin/ and yet these are the evidences of my daughter's virginity. 
Then they shall spread the garment before the elders of the city. 18 And 
the elders of that city shall take the man and punish him; 19 and they shall 
fine him a hundred shekels of silver, and give them to the young woman's 
father because the man hath given an evil name to a virgin of Israel; and she 
shall be his wife; he may not divorce her as long as he liveth. 
Penalty 20 But if it prove to be true that the evidences that the young woman was 
wife^s a virgin were not found, 21 then they shall bring out the young woman to the 
suftty door of her father's house, and the men of her city shall stone her to death 
because she hath committed a shameful act in Israel, in that she hath been a 
harlot in her father's house; thus shalt thou purge out the evil from thy 
midst. 

Supplemental Priestly Codes 

Trial Nil. 5 29 This is the law of jealousy : If a wife who is subject to her hus- 

ordeal band turn aside and is defiled, 13b and she remain undiscovered although 
she be defiled, 1 30a or if the spirit of jealousy seize a man and he be jealous of 
his wife, 14b even though she be not defiled, 30b then he shall set the woman 
before Jehovah and the priest shall execute upon her all this law : 16 the 
priest shall bring her near, and set her before Jehovah; 17 and the priest shall 
take holy water in an earthen vessel, and the priest shall take some of the dust 
that is on the floor of the dwelling and put it into the water. 19 Then the 
priest shall take oath of her, and shall say to the woman, If no man has lain 
with thee, and if thou hast not gone aside to uncleanness, while subject to 
thy husband, thou shalt be immune from this water of bitterness that causeth 
the curse. 20 But if thou hast gone aside, while subject to thy husband, and 
defiled thyself, and some man has lain with thee besides thy husband, 22 when 
this water that causeth the curse shall go into thy bowels, it shall cause thy 
body to swell, and thy thigh to fall away. And the woman shall say, So 
may it be ! So may it be ! 25 Then the priest shall take the cereal-offering 
of jealousy out of the woman's hand, and shall wave the cereal-offering 
before Jehovah, and bring it to the altar. m 26b Afterward he shall make the 
woman drink the water. 11 27a And when he hath made her drink the water, 
if she be defiled and hath been unfaithful to her husband, the water that 

1 Nu. 5 13b Fragments of the original law of jealousy are found in n - M . These have been 
gathered up and repeated by the editor in 30 . On the basis of 13b - 14 > M the original can be 
restored as above. Cf. Carpenter and Harford-Battersby. Herat., II, 192. 

m Nu. S 26 Possibly the iast clause belongs to the duplicate narrative. 

n Nu. 5 2Gb This clause is omitted in the Gk. and Syr. 

58 



TEST OF A WIFE'S CHASTITY [Nu. 5 27 * 

Supplemental Priestly Codes 

causeth the curse shall enter into her and become bitter, and her body shall 
swell, and her thigh shall fall away. 28 But if the woman have not defiled 
herself, but be innocent, then she shall be free and shall bear offspring. 

§ 11. Laws of Divorce Gen. 2 18 - ". 2i , Ex. 2P- 11 , Dt. 22 18 - 19 . 28 - 2 ». 24 1 * 

Primitive Codes 

Gen. 2 18 Then said Jehovah, It is not good for man to be alone; I will The 
make a helper suited to him. 23 Then said the man, basis' 8. 

This, now, is bone of my bone and 

And flesh of my flesh. tity of 

This one shall be called woman, m | r _ 

For from man was she taken. riaff jr- 

24 Therefore a man leaves father and mother and cleaves to his wife, so that 
they two become one flesh. 

Ex. 21 7 If a man sell his daughter to be a slave, she shall not go free as Rights 
do the male slaves. 8 If she does not please her master, who hath espoused #*_ 
her to himself, then he may let her be redeemed; he shall have no power to brew 
sell her to a foreign people, seeing he hath dealt deceitfully with her. 9 If he mar- 
espouse her to his son, he shall deal with her as with a daughter. 10 If he jj^ to 
marry another wife, her food, her raiment, and her duty of marriage shall master 
he not diminish. n If he do not these three things to her, then she may go 
out without having to pay any money. 

Deuteronomic Codes 

Dt. 22 If a man shall charge his newly-wedded wife with un chastity and Cases in 
her innocence be established, 18 the elders of that city shall take the man and Zife a 
punish him; 19 and they shall fine him a hundred shekels of silver and give mav 
them to the young woman's father because the man has given an evil name di- 
to a virgin in Israel; and she shall be his wife; he may not divorce her as long vorced 
as he lives. 

28 If a man findeth a young woman, who is a virgin but is not betrothed, 
and lay hands on her, and lie with her, and they be found, 29 then the man 
who lay with her shall give to the young woman's father fifty shekels of 

§ 11 The inferior position of the wife was an established canon in the ancient Semitic 
world. Since she was conceived of as the possession of her husband, his right of divorcing her 
was taken for granted. Even the modern Arab has only to lead his wife to the door of his tent 
and tell her to go and the marriage relation is severed. 

The Hebrew lawgivers sought, as did Hammurabi, to interpose barriers in the way of 
hasty divorce. To this end they emphasized the sanctity of the marriage relation; and pro- 
tected the rights of the female slave who had been made her master's wife. They also required 
the husband to formulate in writing the reasons for divorcing his wife and to give her this 
document. No provision is made that she may secure redress if the charge is false or insuffi- 
cient; possibly this was left to her family or clan. The time and formality required to draw 
up a written charge would in itself be a powerful deterrent. The further provision that a di- 
vorced wife could not be taken back by her former husband also prevented hasty action. 

The Code of Hammurabi marks a still greater advance over the primitive Semitic usage 
in regard to marriage. Cf . Appendix III. It even goes so far as to provide that the husband 
must pay alimony in case the divorced wife was not unfaithful. More surprising still, it enacts 
(§ 142) that, for sufficient cause, the wife could repudiate her husband and take her marriage- 
portion and return to her father's home. 

59 



Dt. 2 >" ) ] THE MARRIAGE RELATION 

Deuteronomic Codes 

silver, and she shall be his wife, because he hath humiliated her; he may not 

divorce her as Long as he lives. 

Process 24 When a man taketh a wife, and marrieth her, if she find no favor in 

fimita- ms eyes, because he hath found some indecency in her, he shall write her a 

tion? bill of divorce, l> and deliver it into her hand, and send her out of his house. 

vorce 2 And when she departeth out of his house, she may go and become another 

man's wife. 3 But if the second husband turn against her and write her a 

bill of divorce and deliver it into her hand, and send her out of his house, or 

if the second husband who took her to be his wife die, 4 her first husband 

who sent her away may not take her again to be his wife * after she is defiled; 

for that is an abomination before Jehovah, and thou shalt not involve in 

guilt the land which Jehovah thy God is about to give thee as an inheritance. 



Ill 

MASTERS AND HIRED SERVANTS 

§ 12. Rights of Hired Servants, Dt. 24 11 15 , Lev. 19 13l >, 25 8 - 22 1( »> 

Deuteronomic Codes 

Fair Dt. 24 14 Thou shalt not oppress a hired servant who is poor and needy, 

w1?h mg whether he be one of thine own race, or of the resident aliens who are in 
hired ^hy j anc j within thy town. 15 On the same a day shalt thou pay him his wages 
vants before the sun goeth down; for he is poor and setteth his heart upon it, and 
let him not cry against thee to Jehovah, and thou be guilty of a crime. b 

Holiness Code 
Pay- Lev. 19 13b The wages of a hired servant shall not remain with thee 

merit of 
wages 



over night until the morning. 



° Dt. 24 1 Lit., the nakedness of a thing. The reference is probably to indecent or immodest 
action. The exact meaning of the term was the subject of much discussion and difference of 
opinion among the Rabbis, cf. the Mishna tractat, Gittin. 

p 24 1 Lit., a writ of cutting off. 

<i 24 4 The law seems to regard this second marriage as almost equivalent to adultery. It 
is closely connected with the teaching of Jesus in Mt. 5 !2 . 

§ 12 The spirit of justice and consideration that characterizes the O.T. laws is here espe- 
cially prominent. The enactments aim simply to protect the rights of hired servants. This 
was necessary, .since they were usually either poor or else foreigners, and therefore not possessed 
of the full rights of citizenship. In the later codes hired servants are always classed with aliens 
and excluded from the distinctively Israelitish religious privileges, indicating perhaps that at 
tli.it time they were without exception foreigners. They were never adopted into the families 
of the Hebrews, as were the slaves, and therefore were not given the same rights. From Lev. 
25 5a and Is. 21 16 it appears that hired servants frequently engaged their services for a year. 
Is. 16 11 makes the regular period three years — half that of a slave. From Dt. 24 14 > 15 and Job 
1 I s - B it is evident that the contract might be by the day or month. The significant point is 
that it was always for a stipulated period and that, for the time fixed, the obligations of the 
servant were probablv very similar to those of a slave. 

1 Dt. 24" Hob.. this. 

b Dt. 24 15 Lit., it be sin in thee. The expression is peculiar to Dt. 



60 



RIGHTS OF HIRED SERVANTS [Lev. 25 6 

Holiness Code 

25 6 The sabbath of the land shall be for food for you; for thee and for Privi- 

thy male and female slave, and for thy hired servant and for the settler who eges 

resideth with thee. 

22 10b A hired servant shall not eat of that which is holy. c Limita- 

tions 

IV 
SLAVES AND MASTERS 

§ 13. Enslavement of Israelites and Resident Aliens, Lev. 25 39 - i0a - a3 - 46 

Holiness Code 

Lev. 25 39 If thy fellow countryman become poor and sell himself to Con- 
thee, thou shalt not make him serve as a slave. 40a As a hired servant and tioiTfor 
as a settler shall he be to thee. 43 Thou shalt not rule over him with harsh- ^^ w 
ness, but thou shalt fear thy God. 

Supplemental Priestly Codes 

Lev. 25 44 Any male or female slave, whom ye may have, ye shall buy For- 
of the nations that are round about you. 45 You may also buy them of the but 1 not 
descendants of the settlers who reside among you, and of their families that He- 
are with you, that have been begotten in your land; and they shall be your to be ' 
possession. 46 Ye may also make them an inheritance for your children slaves S 
after you, to hold as a possession; ye may make them serve as slaves forever; 
but over your kinsmen the Israelites ye shall not rule with harshness one 
over another. 

§ 14. Permanent Slavery, Ex. 21*. 6 , Dt. 15 16 - *? 

Primitive Codes 

Ex. 21 5 If a slave shall definitely say, I love my master, my wife, and The 
my children, I will not go free, 6 then his master shall bring him before £ ustom 

, pierc- 

c Lev. 22 10b /. e., parts of the offerings which the Heb. offerers and the priests were allowed *°f G 
to eat. ear 

Slaves and Masters. — The institution of slavery may be traced to the earliest period of 
Semitic history. Some of the oldest Babylonian tablets relate to the sale of slaves. The laws 
regulating this ancient institution were most of them established ages before the Hebrews 
appeared on the horizon of history. It was one of the chief corner-stones of Semitic society. 
In general it represented not so much the oppression as the protection of the weak by the 
strong. It was the chief refuge of the poor, the weak and the unfortunate, for which antiquity 
otherwise made little provision. Since it was so common and apparently so natural, little 
stigma attached to it. The position and rights of slaves in the ancient East were far superior 

§ 13 While slavery probably arose from the custom of taking captives in war, in later 
times it appears, in nine cases out of ten. to have been the result of poverty. It is assumed 
as an established institution by the O.T. lawgivers; they simply endeavored to ameliorate its 
harshness. The very late priestly writers endeavored to restrict it entirely to foreigners. 
The original Holiness Code, however, appears to have simply enjoined consideration in the 
treatment of Hebrew slaves. 

§ 14 The mildness and comparative advantages of the Hebrew institution of slavery are 
vividly illustrated by these laws. The choice of liberty, however was not without its heavy 
restrictions, for individual freedom meant the abandonment of wife and children. Under 
this strong pressure many Israelites undoubtedly preferred to assume the permanent badge of 
slavery. 

61 



Ex. 21°] SLAVES AND MASTERS 

Primitive Codes 

God, a and shall lead him to the door, or the door-post, and his master 
shall bore through his ear with an awl; and the man shall be his slave as 
long as he liveth. 

Deuteronomic Codes 

The Dt. 15 16 If a slave says to thee, I will not go out from thee, because he 

custom l° vetn thee and thy household, and because he is contented with thee, 17 then 

thou shalt take an awl and thrust it through his ear into the door, and he 

shall be thy slave forever. Thou shalt also do the same in the case of thy 

female slave. 

§ 15. Sale of Slaves, Ex. 21 7 - » 

Primitive Codes 

Limit*- Ex. 21 7 If a man sell his daughter to be a slave, she shall not go free as 
of°sale d° tne ma ^ e slaves. 8 If she does not please her master, who hath espoused 
male ^ er to himself, he may let her be redeemed; only he shall have no power to 
slaves sell her to a foreign people, seeing he hath dealt deceitfully with her. 

§ 16. Manumission of Israelitish Slaves, Ex. 21-- 4 26 - 1 , Dt. 15 1215 - 18 , Lev. 25 10 

Primitive Codes 

Release Ex. 21 2 If a man b buy a Hebrew slave, he shall serve six years, but in 
the seventh year he shall go free without having to pay any ransom. 3 If 



after 

six 

years 



to those in Rome or in modern times. In Babylonia, as in Israel, slaves were carefully guarded 
by law and common interests, so that their lot was very similar to that of trusted family servants 
to-day. In the East obedience to authority has always been emphasized more than the idea 
of personal liberty. The individual attained his true glory not by standing alone, but as an in- 
tegral part of an illustrious family or tribe or nation. Each in turn recognized his responsi- 
bility to the whole, and, therefore, cruel masters and disloyal slaves appear to have been com- 
paratively rare. Faithful slaves enjoyed most of the privileges shown the children of the 
household, and often intermarried into the family. They were also sometimes made the heira 
of chili Hess masters, cf. Gen. 15 2 . 

a Ex. 21 6 Probably to the family gods or penates placed in early times beside the door. 
Cf. Ex. 12 7 , and for a survival of the institution, Is. 57 s . The parallel in Dt. omits the reference 
to the household god, but preserves the same primitive ritual. It probably symbolized the 
initiation of the slave into the worship of the household god, and, therefore, his complete ad- 
mission into the family. This rite was a very common one in antiquity, especially among the 
Arabians, Lydians, Carthaginians and Mesopotamians. 

§ 15 The reason for this law is found in the fact that female slaves apparently were always 
made the wives or concubines of the master or of some immediate member of his family and 
thereby were raised to a position above that of the ordinary slave. 

b Ex. 21 2 Heb., thou, but in all other civil laws the third person is used. cf. Introd., p. 23. 
Evidently here the thou has been introduced by a scribe who was influenced by the use of the 
second person in K 

§ 16 In the old Babylonian society there does not appear to have been any provision for 
the release of slaves at the end of an appointed time. The O.T. law assumes that at the end 
of six years the Hebrew slave will have paid his debt or expiated the penalty which led to his 
enslavement. The Deuteronomic law goes further and urges that the master provide his man- 
umitted slave with the means necessary to begin again his independent life. The account in 
Jer. 34 of the reluctant liberation of their slaves by the citizens, under the pressure of a 
siege, in order to win Jehovah's favor, and their shameless repudiation of their solemn promise 
when the crisis was over, indicate that this law was probably never strictly enforced. It em- 
bodied an ideal too high for the people as a whole to attain, and yet its presence even in the 
oldest codes is most significant. The later priestly codes substituted, in practice at least, the 
very different and less strenuous law that at the end of every forty-nine (7x7) years all slaves 
should be freed. While less just, it apparently gave greater promise of being enforced, for enforce- 
ment would depend not upon the action of individual masters at theendof six years of service, but 



6* 



MANUMISSION OF SLAVES [Ex. 21 3 

Primitive Codes 

he came in single, he shall go out unmarried; if he be married, then his wife 

shall go out with him. 4 If his master give him a wife and she bear him sons 

or daughters, the wife and her children shall be her master's, but the man 

shall go out by himself. 

26 If a man smite the eye of his male slave or the eye of his female slave so The in- 

that it is destroyed, he shall let him go free for his eye's sake. 27 And if tyTor 

he knock out a tooth of his male or female slave, he shall let him so free for serious 
. . , , . & per- 

ms tooth s sake. sonal 

' injury 

Deuteronomic Codes 

Dt. 15 12 If one of thine own race, a Hebrew man or a Hebrew woman, in- 
be sold to thee, he shall serve thee six years; then in the seventh year thou {ion 5 to 
shalt let him go free. 13 And when thou lettest him go free, thou shalt not be gen- 
let him go empty-handed; 14 rather thou shalt furnish him liberally from to the 
thy flock, and thy threshing-floor, and thy winepress; according as Jehovah ^J" 
thy God hath blessed thee thou shalt give to him. d 15 And thou shalt remem- slaVQ 
ber that thou wast a slave in the land of Egypt, and that Jehovah thy God 
redeemed thee : therefore I now command thee to do this thing. 18 It must 
not seem hard to thee, when thou lettest him go free, for to the value of 
double the hire of a hireling hath he served thee six years ; e and thus Jehovah 
thy God will bless thee in all that thou doest. 

Supplemental Priestly Codes 

Lev. 25 10 Ye shall set apart as sacred the fiftieth year, and proclaim Release 
liberty throughout the land to all its inhabitants. It shall be a year of i^ei- 
jubilee for you, and ye shall return each to his possession, and ye shall return j*es la 
each to his family. year of 

jubilee 

§ 17. Redemption of Israelitish Slaves, Lev. 25« 7 - 5S 

Supplemental Priestly Codes 

Lev. 25 47 If a foreigner or alien residing with thee become rich and Israel- 
thy fellow countryman become poor beside him and sell himself to the slaves 

■ to be re- 

upon the united action of the community, so that any failure to observe it would be readily deemed 
recognized. It was accompanied by the law that no Hebrew be enslaved (§ 4); hence in theory, * rom 
at least, this late law was unnecessary when first promulgated. Cf. for the probable origin of to^p 1 - 
the year of jubilee, note § 113. ersat 

c Dt. 15 14 Lit., surround with a necklace, i. e., load him down with treasures. a . ny 

d Dt. 15 14 In this deeply philanthropic law the older regulations of Ex. 21 3 ' 4 regarding the time 
children and wife acquired by the slave in servitude are ignored. 

e Dt. 15 18 /. e., if a hired laborer had been engaged in his stead the expense would have been 
double the cost of the slave. 

§ 17 This law reflects the impoverished and pitiable condition of the Jews which resulted 
from the Babylonian exile. Nehemiah found in his day that many had been sold as slaves to 
foreigners, and he states that he and his followers, according to their means, had redeemed 
their fellow Jews who had been enslaved. This law, with the exception of 47 - 55c , which was 
original to the Holiness Code, probably comes from the general period of Nehemiah or soon 
after. It provides for the redemption of Jews from foreign masters, whenever the slave or his 
kinsmen could provide the necessary means. Naturally it could be enforced only within the 
jurisdiction of the Judean community in Palestine. It also emphasized the responsibility of 
procuring the liberation of an enslaved Jew whenever that was possible. 

Babylonian usage suggested the principles underlying this late regulation. Cases are on 
record of Babylonian slaves buying their own freedom. A member of a noble family who 

63 



Lev. 25 47 ] 



SLAVES AND MASTERS 



a descendant of the foreigner's 
sold himself ; one of his kinsmen 



Supplemental Priestly Codes 

foreigner or alien residing with thee, or to 
faniilv, 4s he may be redeemed after he has 

may redeem him; 49 or his uncle, or his uncle's son may redeem him; or one 
of his near family kinsmen may redeem him; or, if he become rich, he may 
redeem himself. r,() And he shall reckon -with his purchaser from the year 
that he sold himself to him to the year of the next jubilee; and the price 
of his release shall be according to the number of years of service on the 
same terms as a hired servant shall he be with him. 51 If there are yet many 
years, in proportion to them shall he give back the price of his redemption 
out of the money for which he was bought. 52 And if there remain but a few 
years until the year of jubilee, then he shall reckon with him; according to 
the years of service still remaining shall he pay back the price of his redemp- 
tion. f 

53 As a servant hired by the year shall he be with him; thou shalt not look 
on quietly while he rules him harshly. 54 And if he be not redeemed in any 
of these ways, then he shall go free at the year of jubilee together with his 
children. 55 For to me the Israelites are servants; they are my servants 
jubilee whom I brought out of the land of Egypt : I am Jehovah your God. 



To be 

treated 
kindly 
and re- 
leased 
in the 



§ 18. Reception of Fugitive Slaves, Dt. 23 1£ . 16 
Deuteronomic Codes 

Protec- Dt. 23 15 Thou shalt not deliver to his master a slave who has fled from 
2JJ3 his master to thee. 1G He shall dwell with thee in thy land, in the place 
Cf,n - which he shall choose within one of thy towns, where it pleaseth him best, 
tion without your oppressing him. 



through some accident had been enslaved, could at any time be redeemed by that family and 
the master could not prevent it. In Persian times a member of the conquering race could not 
be legally enslaved. Cf. Johns' Babylonian and Assyrian Laws, Contracts and Letters, pp. 
175, 176. 

f Lev. 25 s2 7. c, he shall multiply the price paid by the number of years yet remaining until 
the year of jubilee and divide it by the total number of years from the time of his enslavement 
to the next year of jubilee. 

§ 18 This law was probably retained and emphasized by the prophetic lawgivers because, 
making it possible for slaves to escape from cruel masters, it tended to relieve their lot. In its 
origin it probably goes back to the nomadic period, when one tribe eagerly welcomed fugitives 
from a hostile tribe. It may also reflect the readiness of the Hebrews in later days to receive 
foreign additions to their ranks, since numbers were vitally necessary to their supremacy in 
the close competition which was always waged for the limited territory of Palestine. The 
flight of Shimei's slaves to Achish king of (Jath, I Kgs. 2 3y , illustrates what was probably a 
common practice. 

Among the Hebrews themselves the enforcement of this law must have been beset with 
many complications. It is also counter to the laws of Hammurabi which are very explicit and 
Btrict on this point: 

§ 16 If a man has harbored in his house a male or female slave from a patrician's or ple- 
beian's house, and has not caused the fugitive to leave on the demand of the officer of the slaves 
condemned to public forced labor, that householder shall be put to death. 

i ]~ If a man has caught cither a male or female runaway slave in the open field and has 
brought him back to his owner, the owner of the slave shall give him two shekels of silver. § 18. 
If such a slave will not name his owner, his captor shall bring him to the palace, where he shall 
be examined as to his past and returned to his owner. § 19. If the captor has secreted that 
slave in his house and afterward that slave has been caught in his possession, he shall be put 
■h. § 20. If the slave has fled from the hands of his captor, the latter shall swear to the 
owner of the slave and he shall be free from blame. 

The wide variations illustrate the very different estimates placed on the value of property 

' he diverse points of view of the two legal systems. 



64 



PENALTY FOR INJURY TO SLAVES [Ex. 21 20 

§ 19. Penalty for Injury Done to Slaves, Ex. 21 2 °. ». 26 . " 
Primitive Codes 

Ex. 21 20 If a man strike his male or female slave with a stick so that he Fatal 
die at once, the master must be punished. 21 If, however, the slave 8 survive ] b n y Ury 
a day or two the master shall not be punished, for it is his own loss. master 

26 And if a man strike his male or female slave in the eye so as to destroy Perma- 
it, he shall let him go free for his eye's sake. 27 And if he knock out a tooth (JJjury 
of his male or female slave, he shall let him go free for his tooth's sake. 

§ 20. Reparation for Injury Done to Slaves, Ex. 21 32 

Primitive Codes 

Ex. 21 32 If an ox gore a male or female slave, then thirty shekels of injury 
silver shall be given to their master, and the ox shall be stoned. Jjx an 

§ 21. Religious Privileges of Slaves, Dt. 12 17 > ", 16 10 . ", Ex. 12««>. " 
Deuteronomic Codes * 

Dt. 12 17 Thou mayst not eat within thine own gates the tithe of thy To 
grain or thy new wine, or thine oil, or the firstlings from thy herd or thy ^ re 
flock, nor any of thy vows which thou vowest, nor thy voluntary offerings, tJt J| es h 
nor anything which thou presentest as a gift; 18 but thou shalt eat them before sacri- 
Jehovah thy God in the place which Jehovah thy God shall choose, together f^sts 
with thy son and thy daughter, and thy male and female slaves, and the 
Levite who is within thy city; and thou shalt rejoice before Jehovah thy 
God over all that thou hast acquired. 

1 6 10 Thou shalt keep the feast of weeks to Jehovah thy God according To 
to the measure of the voluntary offerings which thy hand shall present, in j£ J s r t e JJJ 
proportion as Jehovah thy God hath blessed thee. n Thou and thy son weeks 
and thy daughter, thy male and female slaves, and the Levite who dwelleth 
in thy town, and the resident alien, the fatherless and the widow who live 
with thee, shall rejoice before Jehovah in the place where Jehovah thy God 
shall choose to have his name dwell. 

Priestly Codes 

Ex. 12 43b This is the regulation regarding the passover : 44 Each in 
man's slave, who is bought for money, after thou hast circumcised him, JJJJJT 
shall partake of the passover meal. feast 

§ 19 These laws mark a distinct advance over current Semitic usage. The Code of Ham- 
murabi simply protects the rights of masters and says nothing about the rights of slaves. 
Although under the Heb. laws the injury to a slave was not punished as severely as one to a 
free man or woman, it is exceedingly significant that it was punished at all. The distinction 
in the penalty is further illustrated by the law of Lev. 19 2 p (cf. § 71), which provides that 
illicit intercourse with a betrothed female slave shall be punished, but not by death as in the 
case of free men and women. 

« Ex. 21 21 Supplying its implied subjects. In the original only the personal pronouns 
are used. 

§ 20 The Code of Hammurabi further enacts that if a slave die as the result of an operation, 
the surgeon must give another slave to the master. § 219. 

§ 21 Since slaves were regarded as regular and permanent members of an Israelitish 
family, they were accorded full religious privileges, whether aliens or Hebrews by birth. 

65 



Ex. 22 21 



ALIENS 



ALIENS 



Justice 
and 
protec- 
tion 



Public 
con- 
demna- 
tion of 
injus- 
tice 

Not to 
hold 
perma- 
nently 
nor op- 
press 
a He- 
brew 
slave 



§ 22. Rights and Duties of Resident Aliens, Ex. 22 21 [23 fl ], Dt. 24 u . l7 . 18 , 
l 18 , 27 19 , Lev. 25 47 - 48 *. 53 , 19 33 . 3 \ 24 22 , Xu. U 29 - 30 , 35 15 , 15 1 ** 18 , 9 U 

Primitive Codes 

Ex. 22 21 Thou shalt not wrong nor oppress a resident alien; for ye 
were resident aliens in the land of Egypt. 

Deuteronomic Codes 

Dt. 24 14 Thou shalt not oppress a hired servant who is poor and needy, 
whether he be one of thy fellow countrymen or one of thy resident aliens who 
are in thy land within thy gates. 17 Thou shalt not pervert the justice due 
to the resident alien, or to the fatherless, nor take the widow's garment in 
pledge; 18 but thou shalt remember that thou wast a slave in Egypt and that 
Jehovah thy God redeemed thee from there. Therefore I command thee 
to do this thing. 1 16 And I charged your judges at that time, saying, Hear 
the cases between your fellow countrymen, and judge righteously between 
a man and his fellow countryman and the alien who resideth with him. 

27 19 Cursed be the one who perverteth the justice due the resident alien, 
fatherless, and widow. And all the people shall say, So may it be ! 

Holiness Code 

Lev. 25 47 If an alien or the one living with thee become rich and thy 
fellow countryman become poor beside him, and sell himself to the alien 
or the one living with thee, or to a descendant of the alien's family, 48a he 
may after he is sold be redeemed; one of his kinsmen may redeem him. a 
53 As a hired servant year by year shall he remain with him; thou shalt not 
look on quietly while the resident alien rules him harshly. b 

Aliens. — True to their early nomadic instincts, the Israelites were generous in their treat- 
ment of aliens who came to seek their protection and hospitality. They distinguished sharply, 
however, between a foreigner (ben nekhar), one who retained his allegiance to his own tribe or 
nation, the protection of which he therefore continued to enjoy, and the resident alien (ger) 
who had taken up his permanent abode in and placed himself under the protection of an Israel- 
itish tribe. Their attitude toward aliens also underwent great transformations in succeeding 
ages under the influence of the stirring political experiences through which they passed. 

§ 22 The resident alien figures prominently in Israelitish legislation. Usually he was one 
who had been attracted by the tribe of his adoption either through intermarriage or trade, 
or to escape debt at home or the consequences of a crime, or simply impelled by a desire to 
better his condition. The Hebrews were always ready to welcome such, for it tended to in- 
crease their numbers and strength in warring Palestine where peace was won only by constant 
warfare. 

Naturally the resident alien came without wealth or family support. Accordingly he 
was treated as a ward of the community and each succeeding code grants him greater rights and 
privileges. The Deuteronomic codes seek to insure to him not only justice but kindness, love 
and practical charity. In the Holiness and priestly codes, he is granted religious rites equal 
to those of the native Israelites, provided he submits to the rite of circumcision. With these 
comes equal responsibility in keeping Israel's law. Through this wide open door in later 
times foreign proselytes passed the high wall of separation and became identified with the 
Jewish community. 

•Lev. 25 48a Vs. 53 appears to have been the original sequel of * 7 . Vsa. «8», u are later 
additions. 

b Lev. 25 53 Lit., rule harshly over him in tht; sight. 

66 



RIGHTS OF RESIDENT ALIENS [Lev. 1933 

Holiness Code 

19 33 If an alien make his home with you in your land, ye shall do him Equal 
no wrong. 34a The alien who makes his home with you shall be to you as with 3 
the native born among you. 24 22 Ye shall have the same law for the Israel- 
resident alien as for the native born: for I am Jehovah your God. 

Priestly Codes 

Nu. 15 29 Ye shall have the same law for him who doeth anything unin- Resi- 
tentionally, for him who is native born among the Israelites, and for the aliens 
alien who makes his home among them. 30 But whoever doeth anything subject 

i/> 1.1.1 ii i •! i • i .ii to same 

defiantly, whether he be native born or a resident alien, the same reviletn laws 
Jehovah; that one shall be cut off from among his people. d 35 15 For J^y! 
the Israelites and for the foreigner and for the alien residing among them, Israel- 
there shall be six cities as a place of refuge; that every one who killeth any 
person unintentionally may flee to them. 

15 14 If an alien reside among you, or if any one else be among you through- To ob- 
out your generations, and wish to present an offering made by fire of an odor jJJJJJ 
pleasing to Jehovah, as ye do, so shall he do. 15 There shall be but one sacri- 
statute for the assembly , e both for you and for the alien who resideth among C us- 
you, f a statute forever throughout your generations; ye and the resident alien tom3 
shall both be alike before Jehovah. 16 There shall be one law and one regu- 
lation for you, and for the alien who resideth among you. 

9 14 If an alien reside among you, and wisheth to keep the passover to Also 
Jehovah, according to the regulations governing the passover, and according £* a * g _ 
to its ordinance, shall he do; ye shall have one statute, both for the resident over 
alien, and for him who is native born. tions 

§ 23. Limitations and Rights of Foreigners, Dt. 153», 23 2 °», 14 21 *. c , Ex. 12" 

Deuteronomic Codes 

Dt. 15 3a Of a foreigner thou may est exact [a loan even during the To pay 
seventh year of release]. 23 20a To a foreigner thou may est lend upon Slif^ 
interest; but not to a fellow countryman. ViT es i 

oi -ir i ii e i • i • i Allowed 

14 Zia - c Ye shall not eat ot anything that dietn of itself, but thou may est to eat 
sell it to a foreigner. ? n c d ean 

Priestly Codes 

Ex. 12 43 And Jehovah said to Moses and Aaron, This is the ordinance Ex- 
of the passover : no foreigner shall eat of it. from 

pass- 

• Nu. 15 30 Lit., with a high hand. ?^ er t 

d Nu. 15 30 /. e., placed under the ban, deprived of the privileges of the clan and driven 
from the tribe or community. 

e Nu. 15 15 For the assembly is missing in the Syr. and Lat., and may be a gloss or due to 
dittography. 

f Nu. 15 15 Among you, found in Gk., not in Heb. 

§ 23 The Heb. word commonly used to designate an unnaturalized foreigner means lit., 
stranger, and was applied to gods, men and lands. It included all not identified by birth or 
choice or possession with Israel. Unlike the resident alien, the foreigner had no rights in the 
land. From the day3 of Moses everyone and everything foreign was viewed askance. The 
bitter experiences of the Babylonian exile deepened the feeling of hatred. 

67 



Ex. 23 4 ] RIGHTS OF PROPERTY 

B 

Rights of Property 
§ 24. Restoration of Lost Property, Ex. 23<- 6 , Dt. 22'-' 

Primitive Codes 
Pr.»p- Ex. 23 4 If thou meet thine enemy's ox or ass going astray, thou shalt 
J52i ,,f surely bring it back to him again. 5 If thou see the ass of him who hateth 
enemy thee lying prostrate under its burden, thou shalt in no case g leave it in its 

pro- 
tected 



plight; rather thou shalt, together with him, help it out 



Deuteronomic Codes 

Later Dt. 22 x Thou shalt not see thy fellow Israelite's ox or his sheep going 

^rsion astray> an( l withhold thy help 1 from them; thou shalt surely bring them again 

above" to thy brother. 2 And if thy fellow Israelite do not live near thee, or if thou 

laW do not know him, then thou shalt bring it home to thine house, and it shall 

be with thee until thy fellow Israelite seek after it; then thou shalt restore 

it to him again. 3 Thus shalt thou do with his ass, and with his garment, 

and with every lost thing which belongeth to thy fellow Israelite, which he 

hath lost and thou hast found; thou mayst not withhold thy help. 4 Thou 

shalt not see thy fellow Israelite's ass or his ox fallen down by the way and 

withhold thy help from them; thou shalt surely help him to lift them up again. 

§ 25. Reparation for Damage or Loss of Property, Ex. 21 2 s- 36 , 22 715 , 
Lev. 24 18 - 21a , 6 1 - 5 
Primitive Codes 

Dam- Ex. 2 1 33 If a man open a cistern, or if a man dig a cistern but doth not 
«e re- cover j t? an( j an ox or an ass f a il into it, 34 the owner of the cistern shall make 

it good; he shall give money to the owners and the carcass shall be his. 

22 5 If a man burn over a field or vineyard and let the fire j spread so that it 

Rights of Property. — In the light of the later commercial habits of the Hebrews, it is 
interesting to note that their laws have comparatively little to say about property and property 
rights- only a few simple directions, evidently coming from the early nomadic period, survive. 
They probably sufficed, however, to guide judges in the more complicated cases that later 
arose The Deuteronomic lawgivers were primarily interested m maintaining the rights of 
the needy and oppressed, while the authors of the priestly law were chiefly concerned with the 
development of the ritual, so that the reason for their silence is evident. Life and worship, 
not things, interested them. ... » . . . , 

§ 24 The high ethical note struck in the primitive codes, which enjoin kindness to an 
enemy, is astonishing (cf. § 115), especially as the Deuteronomic codes substitute, felloiv 
Israelite. The reason for the substitution is probably to make the law applicable to all cases. 

i Ex. 23 5 Restoring the corrupt Heb. with the aid of Gk. and Luc, which have retained the 

»> Ex. 23 5 Following a reconstructed text suggested by the Gk. and Luc. and supported 
by the context. 

1 Dt. 22' Lit., hide thyself. . , 

§ 25 The corresponding principles operative in the Bab. system are illustrated by the 
laws of Hammurabi found in Appendix IV. In general the penalties are much more severe 
in the Babylonian code. . . „ 

i 22 5 At an early period the text of this verse was misunderstood and is generally mis- 
interpreted. The current interpretation makes a domestic animal, instead of fire, that which 
destroys the vineyard. Slightly correcting the text the above reading is secured — a reading 
which is consonant with the context and especially ''. 

68 



suiting 
from 
one's 
care- 



REPARATION FOR DAMAGE TO PROPERTY [Ex.22 5 

Primitive Codes 

devoureth a neighbor's field, out of the best of his own field, and the best of 
his own vineyard, shall he make restitution. 6 If fire break out and catch 
in thorns so that the shocks of grain, or the standing grain, or the field are 
consumed, he that kindled the fire must make restitution. 

2 1 28 If an ox fatally gore a man or a woman, the ox shall be stoned, and Fatal 
its flesh shall not be eaten, but the owner of the ox shall be acquitted. k inflk-t'- 

29 But if the ox was already in the habit of goring, and it hath been re- ed b y a 
ported to its owner, and he hath not kept it in, with the result that it hath ox 
killed a man or a woman, the ox shall be stoned, and its owner shall also be 
put to death. 30 If a ransom is fixed for him, he shall give for the redemp- • 
tion of his life whatever amount is determined. 31 Whether the ox hath 
gored a boy or a girl, this law shall be executed. 

32 If the ox gore a male or female slave, thirty silver shekels shall be given Injury 
to their master, and the ox shall be stoned. g° a v e 

35 If one man's ox hurt another's so that it dieth, then they shall sell the In J ut r 
live ox, and divide the money received from it; they shall also divide the ox by 
carcass between them. 36 Or if it be known that the ox was already in the anot er 
habit of goring, and its owner hath not kept it in, he must pay ox for ox, and 
the carcass shall belong to him. 

22 14 If a man borrow an animal from his neighbor, and it be hurt or die Injury 
while its owner is not with it, the man must make restitution. 1 15 If its {Jn-ed 
owner be with it, the man need not make it good; being a hired animal, it animal 
came for its hire. 

7 If a man deliver to his neighbor money or personal property to keep, and Loss of 
it be stolen out of the man's house, if the thief be found, he shall make double SJ.°JJ|£. 
restitution." 1 8 If the thief be not found, then the master of the house shall sonal 
come before God n to prove whether or not he hath taken his neighbor's goods, erty 

held in 

k Ex. 21 2S Hammurabi's law, § 250, reads: If a bull has gone wild and gored a man, and 
caused his death, there can be no suit brought against the owner. 

1 Ex. 22 l * The Code of Hammurabi is much more explicit: 

§ 244 // a man has hired an ox, or an ass, and a lion has killed it in the open field, the loss 
falls on its owner. 

§ 245 If a man has hired an ox and has caused its death, by carelessness, or blows, he 
shall restore ox for ox, to the owner of the ox. 

§ 246 // a man has hired an ox, and has broken its leg, or cut its neck (?), he shall restore 
ox for ox, to the owner of the ox. 

§ 247 If a man has hired an ox, and knocked out its eye, he shall pay to the owner of 
the ox half its price. 

§ 248 // a man has hired an ox, and has broken its horn, cut off its tail, or torn its muzzle, 
he shall pay one-quarter of its price. 

§ 249 If a man has hired an ox, and God has struck it, and it has died, the man that hired 
the ox shall make affidavit and go free. 
m Ex. 22 7 Cf. Hammurabi's Code: 

§§ 102, 103 If the merchant has given money, as a speculation, to the agent, who during 
his travels has met with misfortune, he shall return the full sum to the merchant. If, on his 
travels, an enemy has forced him to give up some of the goods he was carrying, the agent shall 
specify the amount on oath and shall be acquitted. 

n Ex. 22 8 Go to one of the sanctuaries or consult a priest that he may determine through 
the sacred oracle whether he is guilty or not. The analogy in the Code of Hammurabi is il- 
luminating: 

§ 106 // an agent has taken money of a merchant, and his principal suspects him, that 
principal shall prosecute his agent, put him on oath before the elders, as to the money taken; 
the agent shall pay to the merchant threefold what he misappropriated. 

° Ex. 22* Lit., put his hand to. 

The analogies to the Code of Hammurabi are especially close: 

§ 120 // a man has deposited his corn for safe keeping in another's house and it has suffered 
damage in the granary, or if the owner of the house has opened the store and taken the corn, 

69 



Ex. 22 10 ] RIGHTS OF PROPERTY 

Primitive Codes 



Loaaof 10 If a man deliver to his neighbor an ass, or an ox, or a sheep, or any 

hl'lTm beast, to keep, and it die or be hurt or be driven away without any one's 

tru ^ having seen it, H an oath sworn by Jehovah shall be between both of them 

to decide whether or not the one hath taken his neighbor's property; the 

owner must accept it, and the other need not make restitution. 12 If it be 

stolen from him, he shall make restitution to its owner. 13 If the animal 

be torn in pieces, let him bring it as evidence; he need not make good that 

which was torn. 

Proced- 9 In every case of breach of trust whether it concern ox, or ass, or sheep, 

breach or clothing, or any kind of lost thing of which one saith, This is it, the case 

of trust f berth parties shall come before God; he whom God shall condemn shall 

make double restitution to his neighbor. 

Holiness Code 

injury Lev. 24 18 He that smiteth a beast so that it dieth shall make it good, 
animal life for life - 21a And he that killeth a beast shall make it good. 

Priestly Codes 

General Lev. 6 1 Jehovah spoke thus to Moses, p 2 If anyone sin and break faith 
carding w ** n Jehovah, by deceiving his neighbor in regard to a deposit, or a pledge, 
or by robbing or defrauding his neighbor 3 3 or if He have found something 
i 1 which was lost, and deny it and perjure himself, if by doing any one of these 
things a man hath sinned and so is guilty, 4 he shall restore that which he 
took by robbery, or the thing which he obtained by fraud, or the deposit 
which was entrusted to him, or the lost thing which he found, 5 or anything 
about which he swore falsely; he shall restore it in full and shall add to it a 
fifth more; he shall give it to its rightful owner on the day that he is found 
guilty. 

§ 26. Theory of the Ownership of Land, Lev. 25 23 
Supplemental Priestly Codes 

All land Lev. 25 23 The land shall not be sold in perpetuity; for the land is mine, 
trust 10 an d y e are resident aliens and settlers with me. 

for 

Jeho- 

v or has disputed the amount of the corn that was stored in his house, the owner of the corn shall 

declare on oath the amount of his corn, and the owner of the house shall return him double. 

§ 124 // a man has given on deposit to another, before witnesses, gold, silver, or any goods 
whatever, and his claim has been contested, he shall prosecute that man, and [the man] shall 
return double what he disputed. 

§ 1 25 If a man has given anything whatever on deposit, and, where he has made his deposit, 
something of his has been lost, together with something belonging to the owner of tiie house, 
either by house-breaking or a rebellion, the owner of the house who is in default shall make good 
all that has been given him on deposit, which he has lost, and shall return it to the owner of 
the goods. The owner of the house shall look after what he has lost and recover it from the 
thief. 

§ 126 If a man has said that something of his is lost, which is not lost, or has alleged a 
depreciation, though nothing of his is lost, he shall estimate the depreciation on oath, and what- 
ever he has claimed he shall return double. 

pLev. 6 1 - 5 Heb. o 20 " 24 . 

o Lev. 6 2 Intentionally or unintentionally. 

§ 26 The theory of the ownership of the land comes from the very late priests and is akin 
to the idea, expressed in the same context *, that the Israelites are Jehovah's slaves. 

70 



CONVEYANCE OF REAL PROPERTY [Lev. 25 15 

§ 27. Conveyance of Real Property, Lev. 25 1 *. ". ** 

Supplemental Priestly Codes 

Lev. 25 15 According to the number of the years after the jubilee thou Land 
shalt buy land from thy neighbor, and according to the number of the crops JJj/j 
until the next jubilee shall he sell it to thee. 16 If the number of the years subject 

. to re- 

be great, thou shalt increase its price, but if the number of years be small, version 
thou shalt reduce its price, for it is the number of the crops that he selleth 
to thee. 

^But the fields in the pasture land of the cities belonging to the Levites No sale 
may not be sold, for it is their perpetual possession. viticai 

pasture 
land 

§ 28. Redemption of Hereditary Land, Lev. 25 24 - 27 . **•** 

Supplemental Priestly Codes 

Lev. 25 24 In all the land of our possession ye shall allow the land to be Right 
redeemed. 25 If thy fellow countryman become poor and sell some of his man to" 
possession, his kinsman who is nearest to him shall come and redeem that }J^ em 
which his brother hath sold. 

26 And if a man have no one to redeem it, and he become rich and find Of 
sufficient to redeem it, 27 then let him count the years since its sale and refund ^ re- 
the value of the remainder [until the year of jubilee] to the man to whom deem i<; 
he sold it; thus he may return to his possession. 

29 If a man sell a dwelling house in a walled city, he shall have the right Re- 
of redeeming it for a whole year after it has been sold; for a year he shall Jo™ of 
retain the right of redemption. 30 Then if it is not redeemed within a year, houses 
the house that is in the walled city shall be assured in perpetuity to him walled 
who bought it, to him and his descendants; it shall not be released in the Clties 
year of jubilee. 31 But the houses of the villages which have no walls around 
them, shall be reckoned as belonging to the fields of the country; the right 
of redemption shall be retained for them and they shall be released in the 
year of jubilee. 32 But in the case of the houses in the cities which belong 
to the Levites, the Levites shall have the perpetual right of redemption. 

§ 27 This section like the preceding, appears to be a late priestly supplement to the older 
law of the sabbatical year. Cf. §§ 223, 224. There is no evidence that, in the long period 
preceding Nehemiah, the law of the year of jubilee, which provided that all land should revert 
to its hereditary owners, was known; and the proof that it was not in force is conclusive. The 
present enactment provides that all land shall be sold at a price, proportionate to the number 
of crops that can be raised on it before it must revert to its original owner. 

§ 28 The law in 26 is apparently a very old one and provides that in the case of a forced 
sale of hereditary land the nearest kinsman shall have the first right of buying it. Jer. 32 7 - 15 
contains an account of some land thus purchased by the prophet Jeremiah from his kinsman. 
The story of Naboth's vineyard, I Kgs. 21 also illustrates how carefully the hereditary rights 
■were guarded. The later supplemental law, possibly reviving a primitive usage, provides that 
ancestral lands may be redeemed at any time. 



71 



Lev. 25 13 ] 



RIGHTS OF PROPERTY 



All 
land 
and 
houses 
in un- 
walled 
towns 
to re- 
vert 
at the 



§29. Reversion of the Hereditary Land, Lev. 25 l »- 2sb > 51b - 33 [Nu. 36 3 - *] 
Supplemental Priestly Codes 

Lev. 25 13 In the year of jubilee ye shall return each to his possession. 
28b At the jubilee [a poor man's land] shall be released and he shall return 
to his possession. 31b [Houses in villages without a wall] shall also be released 
at the jubilee. 33 If one of the Levites doth not r redeem [his hereditary 
possession] the house that was sold in the city of their possession shall be 
released at the year of jubilee; for the houses in the cities of the Levites are 



jubilee their possession among the Israelites. 



IV 



RIGHTS OF INHERITANCE 



§30. The Law of Primogeniture, Dt. 21 1517 , 25 s . « 
Deuteronomic Codes 

Double Dt. 21 15 If a man have two wives, the one beloved and the other hated, 
ofef- an d both the one who is beloved and the one who is hated have born him 
dest son children, and if the first-born son belong to her who is hated, 16 on the day 
able that he causeth his sons to inherit that which he hath, he shall not be allowed 
to give the right of the first-born to the son of the beloved wife to the exclu- 
sion of the eldest, the son of the one who is hated; 17 but he shall acknowledge 
the first-born, the son of the one who is hated, by giving him a double portion a 
of all that he hath, for he is the first product of his strength; the right of the 
first-born is his. 

25 5 If brothers live together, and one of them die, and have no son, 
the wife of the deceased shall not be married to a man outside the clan ; her 
husband's brother shall go in to her, and make her his wife, and perform 
the duty of a husband's brother to her. 6 Then the first son whom she 
bears shall succeed to b the name of the deceased brother, that his name may 
not become extinct in Israel. 



In case 
of a 
Levi- 
rate 
mar- 
riage 



§ 29 The late priestly point of view is manifest in this law; it aimed to overthrow the 
prevailing usage, which insured a permanent title to a purchaser. The genesis of the late 
regulation and its connection with the condition of the returning exiles will be discussed in 
§ 113. Nu. 36 3 ' 4 contain the only other allusion in the Pentateuch to the year of jubilee, 
cf. § 32. 

' Lev. 25 88 The negative has been lost in the Heb. but is restored in the Lat., as the con- 
text demands. 

Rights of Inheritance. — Customary usage had so established the rights of inheritance 
among the Israelites that detailed enactments were unnecessary. In the earlier times the 
property passed to the male heirs, and upon them devolved the obligation to support the 
mother and the unmarried sisters. If there were no sons, the father's brothers assumed the 
duties of parents and inherited the property of the deceased. The present laws simply deal 
with exceptional cases. 

§ 30 This law was disregarded by David who appointed Solomon as his successor, even 
though he was not his oldest son, I Kgs. I 11 " 13 . For the Bab. usage cf. Appendix V. 

• Dt. 21 I7 Lit., mouth of two. 

u Dt. 2.5 5 Lit., stand upon. 

c Dt. 25* Lit., be blotted out. 



72 



RIGHTS OF DAUGHTERS TO INHERIT [Nu. 27 1 

§ 31. Rights of Daughters to Inherit, Nu. 27 111 
Supplemental Priestly Codes 

Nu. 2 7 1 There came near the daughters of Zelophehad, the son of Hepher, The 
the son of Gilead, the son of Machir, the son of Manasseh, of the families tkJnal 
of Manasseh d , the son of Joseph ; and these are the names of his daughters : case 
Mahlah, Noah, Hoglah, Milcah, and Tirzah. 2 And they stood before 
Moses and before Eleazar the priest, and before the princes and all the 
congregation, at the door of the tent of meeting, saying, 3 Our father died in 
the wilderness, and he did not belong to those who conspired against Jehovah 
in the company of Korah; but he died in consequence of his own sin; and 
lie had no sons. 4 Why should our father's name disappear 6 from among 
his family because he had no son? Give us therefore an hereditary pos- 
session among our father's kinsmen. 5 So Moses laid their case before 
Jehovah. 

6 Then Jehovah spoke thus to Moses, 7 What the daughters of Zelophehad Ruling 
say is right, thou shalt surely give them an hereditary possession among f n heri- 
their father's kinsmen, and thou shalt transfer to them their father's inheri- tances 
tance. 8 Moreover thou shalt speak thus to the Israelites, Tf a man die and pass to 
have no son then ye shall transfer his inheritance to his daughter. 9 And if kfns!? S 
he have no daughter, then ye shall give his inheritance to his brothers. 10 And men 
if he have no brothers, then ye shall give his inheritance to his father's 
brothers. 11 And if his father have no brothers then he shall give his inheri- 
tance to the nearest kinsman in his family, that he may possess it.' This 
shall be an established ordinance f for the Israelites, as Jehovah commanded 
Moses. 

§ 32. Heiress to Marry within her Own Tribe, Nu. 36 113 

Supplemental Priestly Codes 

Nu. 36 x The heads of the father's houses of the family^ of the sons of The 
Gilead, the son of Machir, the son of Manasseh, of the families of the sons Jfonai 
of Joseph, came near and spoke before Moses h and before the princes, the ca3e 
heads of the father's houses of the Israelites; 2 and they said, Jehovah com- 
manded my lord to give the land by lot as an inheritance to the Israelites; 
and my lord was commanded by Jehovah to give the inheritance of Zelophe- 

§ 31 It was only in the latest period of O.T. history that daughters were recognized as 
legal heirs, cf. § 30. The present tradition, which attributes the origin of the institution to 
Moses, is clearly one of the latest parts of the O.T., and is cited to give authority to this radical 
but just departure from long established usage. In the Code of Hammurabi definite provi- 
sion was made for inheritance by daughters. Cf. Appendix V. In Job 42 15 daughters are given 
equal rights with sons. The account of the carrying out of the traditional precedent in Nu. 
27 uu is recorded in the late priestly section of Josh. 17 3 - 6 , from which it is clear that the daugh- 
ters were originally tribes. 

d Nu. 27 1 Of the families of Manasseh, is probably secondary. 

e Nu. 27 4 Lit., be taken away, withdrawn. 

1 Nu. 27 u Lit., statute of an ordinance. 

§ 32 This traditional precedent is a supplement of the preceding. Its object is to render 
it impossible for ancestral property to pass from a clan. 

8 Nu. 36 1 It is possible that for family we should here read families, cf. 26 30 . 

h Nu. 36 1 Gk. adds, and, before Eleazar the high priest. 

73 



Nu. 36 2 ] MARRIAGE OF AN HEIRESS 

Supplemental Priestly Codes 

had our brother to his daughters. 3 If now they marry any of the sons of 
the other tribes of the Israelites, then their inheritance will be withdrawn 
from the inheritance of our fathers and will be added to the inheritance of 
the tribes to which their husbands belong; thus something will be taken 
away from the lot of our inheritance. 4 When the jubilee of the Israelites 
shall come, then their inheritance will be added to the inheritance of the 
tribe to which their husbands belong; thus their inheritance will be with- 
drawn from the inheritance of the tribe of our fathers. 1 
Ruling 5 Then Moses gave this command to the Israelites in accord with the word 
male e ~ °f Jehovah : The tribe of the sons of Joseph have spoken right. 6 This is 
neir s the thing which Jehovah doth command concerning the daughters of Zelophe- 
not had, They may marry whom they think best; only they shall intermarry in 
prop- * ne f am ity °f their father's tribe, 7 so that no inheritance of the Israelites 
<: r fy shall pass from one tribe to another tribe; for the Israelites shall retain each 
their the inheritance of the tribe of his fathers. 8 Every daughter who cometh into 
possession of an inheritance of any tribe of the Israelites, shall become the 
wife of one of the family of her father's tribe, that the Israelites may possess 
each the inheritance of his father, 9 and that no inheritance may pass from 
one tribe to another; for the tribes of the Israelites shall cleave each to his 
own inheritance. 
The 10 Even as Jehovah commanded Moses, so did the daughters of Zelophehad; 

tional 11 ^or Mahlah, Tirzah, Hoglah, Milcah, and Noah, the daughters of Zeloph- 
prece- e had, were married to their father's cousins. 12 They were married into 
the families of the sons of Manasseh the son of Joseph; and so their inheri- 
tance remained in the tribe of their father's family. 

5 Nu. 36 4 This was probably added by a scribe who had in mind Lev. 25 13 " 18 . 



clan 






74 



CONSTITUTIONAL LAWS 



CONSTITUTIONAL LAWS 

A 

Political Organization 

§ 33. Qualifications for Citizenship, Dt. 23 18 
Deuteronomic Codes 

Dt. 23 x No one who is wounded in the stones or hath his privy member Eu- 
cut off may enter into the assembly of Jehovah. a 2 No bastard shall enter an§ hs 
into the assembly of Jehovah; even to the tenth generation none of his jpas- 
descendants shall enter into the assembly of Jehovah. dis- 

3 No Ammonite or Moabite shall enter into the assembly of Jehovah; fled 
never even to the tenth generation shall one belonging to them enter into the Also 
assembly of Jehovah, 4 because they did not meet you with bread and water m ™n_ 
in the way, b when ye came forth from Egypt, and because they hired against 5Joab^ d 
thee Balaam the son of Beor from Pethor of Aram Naharaim, to curse thee, ites 
Nevertheless Jehovah thy God would not hearken to Balaam; but Jehovah 

Political Organization. — The life of the Hebrews before the exile was so simple that 
few constitutional laws were necessary. Their political organization was not the result of 
legislative enactments; it was rather the outgrowth of primitive institutions and an adapta- 
tion of these to new needs. The original unit of Hebrew as well as of all Semitic society was 
the family. In time, by the natural processes of intermarriage and generation, this grew into 
the clan and tribe. Theoretically all members of the clan or tribe were direct descendants of the 
same ancestors; but as a matter of fact it contained in the past, as do Arab tribes to-day, many 
aliens, admitted either through intermarriage or adoption or as slaves. Just as the head of 
the family was the father, so the most powerful and representative elder was head of the clan 
or tribe. As to-day, the sheik was usually chosen from a certain leading family; but he was 
not necessarily succeeded by his oldest son. The ablest man, the one possessing the greatest 
resources, whether in actual wealth or physical strength or intellectual acumen or personal 
prestige and influence, was chosen by the members of the tribe as their leader in war, and 
their arbiter in cases of dispute. It is important to note that his authority was not absolute; 
it rested on common consent; he was but the servant of the tribal community. His counsel- 
lors were the tribal chieftains and elders, who represented the different clans and families. 

By almost unconscious stages the kingdom grew out of this simpler institution. In the 
days of the Judges certain leaders successfully espoused a common cause. Because they 
brought deliverance and protection their authority was recognized during their lifetime by a 
local federation of tribes, but at their death the union was dissolved. When, however, the 
energetic, able Philistines threatened the independence of all the Hebrew tribes, in desperation 
they called one of their local chiefs, who had demonstrated in a war with the Ammonites his 



a Dt. 23 1 This expression evidently means that he shall not share the religious privileges 
of the temple. A reference to this law is found in Lam. I 10 . 

b Dt. 23 4 According to the ancient Heb. tradition in Gen. 19 30 - 38 , the Ammonites and 
Edomites were regarded as bastards. With deeper historical insight, a later editor traces 
the exclusive attitude to the ancient hostility between the Hebrews and their vindictive neigh- 
bors across the Jordan. He may well have had in mind the cruel advantages which they took 
at the time when Jerusalem was destroyed and the Jews were fugitives or in exile. 

« Dt. 23*» Cf. Nu. 20!9- 21 . 

77 



Dt. 2,'3 5 ] 



POLITICAL ORGANIZATION 



D evieronomic Codes 

thy God turned the curse into a blessing for thee, because Jehovah thy God 

loved thee. cl ( 'Thou shalt never seek their peace nor their prosperity all 

thy days. 

7 Thou shalt not abhor an Edomite, for he is thy kinsman; thou shalt not 

abhor an Egyptian, e because thou wast a resident alien in his land. 8 The 
itesand children of the third generation that are born to them may enter into the 
tiana assembly of Jehovah. 



But 

not 
Edom 



§34. The Census, Nu. I 1 - 3 , 3 14 - 15 , 4 1 - 3 

Supplemental Priestly Codes 

Census Nu. 1 ! Jehovah gave this command to Moses in the Wilderness of Sinai, 
avail- 36 m tne tent °f meeting, on the first day of the second month, in the second 
able for vear after they had come out of the land of Egypt : 2 Take a census of all 
the congregation of the Israelites, by their families, by their fathers' houses, 
according to the number of the names, all the males, by their heads, 3 from 
twenty years old and upward, all in Israel who are able to go forth to war, 
shalt thou and Aaron f number by their hosts. 

3 14 Jehovah also commanded Moses in the Wilderness of Sinai : ^Num- 
ber the Levites by their fathers' houses, by their families, every male from 
a month old and upward shalt thou number them. 4 Jehovah gave this 
command to Moses and Aaron : 2 Take a census of the Kohathites from 
among the Levites, by their families, by their fathers' houses, 3 from thirty 
years old and upward even to fifty years old, all who enter upon the service, 
to do the work in the tent of meeting. 



Of the 
Levites 



The 
late 
pro- 
phetic 
tradi- 
tion re- 
garding 
the 

original 
allot- 
ment of 
Canaan 



§ 35. Division of the Land, Josh. 18 2 - 10 , Nu. 26 52 - 58 [33 54 ] 
Deuteronomic Codes 

Josh. 18 2 Since there remained among the Israelites seven tribes which 
had not yet divided their inheritance, 3 Joshua said to the Israelites, How 

ability to lead, to guide and represent them not only during his own life but at his death to 
transmit his authority to his descendants. Thus the Hebrew kingship came into existence. 
All its traditions were democratic. The king was deliberately chosen as the servant of the 
people. The only native precedents to shape its development were those connected with the 
earlier institution of the sheik. In time the immediate followers and supporters of the king 
grew into a nobility that in part took the place of the earlier tribal elders. The city organiza- 
tion also succeeded that of the clan; but the old tribal bonds never entirely disappeared, and 
the people always clung tenaciously to their popular rights in opposition to the despotic poli- 
cies introduced bv such rulers as Solomon and Ahab. 

d Dt. 23 4b - 5 Cf. Vol. I, § 98. The later editor who added these vss. evidently had before 
him the present composite narrative of Nu. 22, 23. 

e Dt. 23 7 The older hostile attitude toward the Egyptians has evidently disappeared, and 
the law reflects the later days when, before the exile, the Egyptians were the only allies of the 
Hebrews. 

§ 34 The early Hebrews like the modern Arabs of the desert, regarded the taking of a 
census as displeasing to the Deity, cf. II Sam. 24, Vol. II, § 33. The earlier laws accordingly 
contain no regulations concerning it. Not until the Israelites had come into contact with the 
Babylonians and Persians did they formulate a definite census law. This was cast in the 
form of a legal precedent associated with Moses. Its theoretical and priestly character is 
obvious. It is one of the many very late traditional precedents by which the priestly schools 
aimed to establish on a Mosaic basis the institutions of their own day. 

1 \u. I 3 This clause is probably a late addition. 

§ 35 The tradition that the land of Canaan was originally divided among the Hebrew tribes 

78 



DIVISION OF THE LAND [Josh. 18 3 

Deuteronomic Codes 

long will you be remiss in taking possession of the land which Jehovah 
the God of your fathers hath given you ? 4 Appoint three men from each 
tribe and I will send them, and they shall arise and walk through the land, 
and mark it out for their inheritance; then they shall come to me. 5 And 
they shall divide it into seven divisions for themselves. Judah shall remain 
in his territory on the south, and the house of Joseph shall re- 
main in their territory on the north. 6 And ye shall mark out the land into 
seven divisions, and bring the plan here to me. Then I will cast lots for 
you here before Jehovah your God. 7 For the Levites have no portion among 
you, inasmuch as the priesthood of Jehovah is their inheritance; and Gad 
and Reuben and the half-tribe of Manasseh have received their inheritance 
on the east side of the Jordan, which Moses the servant of Jehovah gave 
them. 

8 So the men arose and departed. And Joshua gave this command to those 
who went to mark out the land: Go and walk through the land, and mark it 
out and come again to me; and I will cast lots for you here before Jehovah 
in Shiloh. 9 So the men went and passed through the land and marked it 
out in a book by cities into seven divisions; then they came to Joshua to the 
camp at Shiloh. 10 And Joshua cast lots for them in Shiloh before Jehovah. 
Thus Joshua there divided the land among the Israelites according to their 
divisions. 

Supplemental Priestly Codes 

Nu. 26 52 Jehovah said to Moses, 53 Among these the land shall be appor- The 
tioned as an inheritance according to the number of names. 54 To the large Jf^'tiy 
tribe thou shalt give a proportionately large inheritance, and to the smaller version 
tribe thou shalt give a proportionately small inheritance, to each according 
to those who are numbered as belonging to it shall its inheritance be given. 
55 Yet the land shall be divided by lot, according to the names of the tribes 
of their fathers they shall inherit. 56 According to the lot shall their inheri- 
tance be divided between the more numerous and less numerous tribes. 



§ 36. Respect Due Rulers, Ex. 22 28b 
Primitive Codes 

Ex. 22 28b Thou shalt not curse a ruler of thy people. 8 Not to 

curse a 
" " ruler 

by lot, comes from the comparatively late period when the actual process by which they became 
possessed of their final abiding place had long been forgotten. The original basis is apparently 
a later Judean prophetic story but this has been reversed by a Deuteronomic editor, so that 
in its final form it may here be classified with the Deuteronomic laws. Cf. Vol. I, § 117. The 
late priestly precedents in Nu. 25 52 - 56 , 33 54 were intended to guide the returning exiles in 
establishing their individual titles to the soil of Palestine. The version in Nu. 33 54 is simply 
an abbreviation of that in 25 52 - 56 . 

§ 36 This brief law from the Ephraimite prophetic decalogue is linked with the command 
not to revile God. Evidently in the mind of the primitive lawgiver the civil rulers are re- 
garded as the earthly representatives of the divine King. 

e Ex. 22 28b Lit., among thy people. 

79 



Dt. IT 14 ] 



POLITICAL ORGANIZATION 



Must 

he a 
native 
Israel- 
ite 



Must 
avoid 
the 

crimes 
of Solo- 
mon 



Must 

rule in 

accord 

with 

the 

Deuter- 

onomic 

laws 



§ 37. Qualifications and Duties of the King, Dt. 17 u - 20 

Deuteronomic Codes 

Dt. 17 14 When thou comest to the land which Jehovah thy God is about 
to give thee, and shalt possess it, and shalt dwell in it, and shalt say to thy- 
self, I will set over me a king as have all the nations that are round about 
me, 15 be sure to set over thee as king him whom Jehovah thy God shall 
choose; one from among thy fellow Israelites shalt thou set over thee as king; 
thou mayst not put a foreigner over thee who is not a fellow Israelite. 

16 Only he shall not provide many horses for himself, nor shall he cause 
people to return to Egypt in order that he may provide many horses, since 
Jehovah hath said to you, Ye shall never again return that way. 17 Neither 
shall he take many wives for himself, lest his heart turn away; neither shall 
he collect for himself great quantities of silver and gold. 

18 And when he sitteth upon his kingly throne he shall write for himself 
in a book a copy of this law which is in the charge of the Levitical priests ; h 
19 and he shall have it always with him, and he shall read in it daily as long 
as he liveth, that he may learn to fear Jehovah his God, to take heed to observe 
all the words of this law and these statutes, 20 that his heart be not lifted up 
above his kinsmen, and that he turn aside from this command neither to 
the right nor to the left in order that he and his descendants may continue 
long to rule in the midst of Israel. 



B 
Military Regulations 



ORGANIZATION OF THE ARMY 

§38. Legal Age of Service, Nu. 2G 2 ". 3a [l 23 ] 
Priestly Codes 
Twenty Nu. 26 2a Take a census of all the congregation of the Israelites, 3a from 
and" twenty years old and upward, all in Israel who are able to go forth to war 
over in Israel. 



§ 37 These laws seek primarily to regulate those abuses which became most glaringly 
apparent in the reigns of Solomon and Ahab, cf. I Kgs. 10 14 -11 13 . They aim to maintain 
tli<> original, simple, democratic ideal of the Hebrew kingship against the seductive and sub- 
versive influence which came in from the neighboring despotisms. In effect these regulations 
make the king a constitutional ruler, who stands in striking contrast to the tyrants who ruled 
in all the neighboring states. They also assume that primitive Hebrew conception of the 
king, as Jehovah's representative, responsible for all his acts to the Divine Sovereign, which 
the historical and abiding basal idea of the theocracy. 

b Dt. 17 18 /. €., in the central sanctuary. Cf. 31 "• :>c . . 

Organization of the Army. — Except the royal body guard of six hundred in the days 
of David, cf. Vol. II, § :-t-4, the Hebrews do not appear to have maintained a standing army. 
ghout all their history their main defence was the militia, which was called out only in 

80 



LEGAL AGE OF SERVICE [Dt. 20 1 * 

§ 39. Exemptions from Military Service, Dt. £0 la . 5 - 7 . 24 5 , Nu. V 8 - 4 \ 2 33 
Deuteronomic Codes 

Dt. 20 la When ye go out to fight against your foes, 5 the officers shall Those 
speak to the people, saying, What man is there that hath built a new house have 
but not dedicated it ? let him go and return to his house, lest he die in the J ust _ 
battle, and another man dedicate it. 6 And what man is there that hath pieted 
planted a vineyard, but not partaken of its fruit ?* let him return to his house, J r ^"e! 
lest he die in battle, and another man use its fruits. y ard 

"If there is any who is betrothed to a wife, but hath not married her, let A be- 
him go and return to his house, lest he die in battle, and another man marry JJ^n e 
her. 

24 5 When a man is newly married he shall not go out in the military Anew- 
serviced neither shall any business be imposed upon him; he shall stay at home ^1?"" 
one year to attend to his household, k and shall give pleasure to his wife man 
whom he hath married. 

Supplemental Priestly Codes 

Nu. 1 48 For Jehovah spoke thus to Moses : 49 Only the tribe of Levi Leyites 
shalt thou not number, neither shalt thou take a census of them among the 
Israelites. 2 33 So the Levites were not numbered among the Israelites, as 
Jehovah commanded Moses. 

§40. Minor Officers, Dt. 20 9 , ll la . 13 - 15 
Deuteronomic Codes 

Dt. 20 9 When the officers have made an end of speaking to the people, Ap- 
they shall appoint commanders of the forces over the people. meat 

1 la These are the words which Moses spoke to all Israel, 13 Take for your The 
tribes men who are wise, intelligent, and known, that I may make them pr ect- C 
officers over you. 14 And ye answered me, ' The thing which thou proposest dent 
to do is good.' 15 So I took the heads of your tribes, men of wisdom and 
reputation, and made them officers over you, captains of thousands and 
captains of hundreds, and captains of fifties, and captains of tens, and officers 
according to your tribes. 

time of war and at the close of the campaign disbanded. Practically all able-bodied men over 
twenty years of age were eligible for military service. The king was the head of the army 
with experienced officers under him. The forces were divided into regiments, companies, and 
smaller bands of fifty and ten, commanded by officers chosen, probably, from the local tribes 
and cities represented. 

§ 39 These laws strikingly illustrate the idealism of the Deuteronomic codes: the belief 
that Jehovah will deliver his people if they are loyal to him, is so strong that the humane prin- 



ciple is unhesitatingly applied to specific cases where forced service might bring especial dis- 

laws also reveal the growing ' 
that characterizes these later codes. First Mac. 3 56 states that Judas observed these laws: 



comfort. The humane laws also reveal the growing interest in the welfare of the individual 



but otherwise there is no evidence that they were at other times practically enforced. In the 
very late priestly precedent, in Nu. 1 and 2, only the Levites are exempted from military ser- 
vice. 

' Dt. 20 6 Lit., treated it as common, i. e., partaken of its fruit after the firstfruit had been 
set aside as sacred to Jehovah. 

J Dt. 24 5 Lit., host. 

k Dt. 24 5 Lit., for his house. 

§ 40 According to I Mac. 3 55 , Judas Maccabus appointed on the battle-field the commanders 
of thousands, hundreds, fifties, and tens. This law is also substantiated by the later priestly 
precedent in Nu. I 4 " 16 which, like that in Dt. I 13 - 15 , traces the custom back to Moses. It is 
probably very ancient. The commanders thus appointed were the tribal chieftains already 
familiar with war and leadership. 

81 



Dr. 23 9 ] MARTIAL REGULATIONS 

II 

REGULATIONS GOVERNING THE ARMY IN THE FIELD 

§ 41. Cleanliness of the Camp, Dt. 23 9u 
D enter onomic Codes 

Each Dt. 23 9 When thou goest forth in a military campaign against thine 

ma a n rd° enemies, thou shalt keep thyself from every evil thing. 10 If there be among 

against you anyone who is not clean as the result of an accident by night, then he shall 

mgit'" go away outside the camp, he must not come inside the camp. n But when 

evening cometh on, he shall bathe himself in water; and when the sun is set 

he may come inside the camp. 12 Thou shalt have a place also outside 

the camp, to which thou shalt go out; 13 and thou shalt have a paddle 1 among 

thy weapons, and when thou sittest down outside thou shalt dig a hole with 

it, and shalt turn back and cover thy excrement, 14 for Jehovah thy God 

ever goeth about in the midst m of thy camp, to deliver thee and to give thine 

enemies into thy hands; 11 therefore thy camp should be holy, that he may 

see no unclean thing in thee and turn away from thee. 

§ 42. Manner of Attack, Dt. 20 1 - 4 . 1012 , Nu. 10 9 
Deuteronomic Codes 

En- Dt. 20 1 When thou goest forth to battle against thine enemies, and 

cour " seest horses and chariots, and a people more than thou, be not afraid of them; 

meat for Jehovah thy God is with thee, he who brought thee up from the land of 

Save Egypt. 2 And when ye draw near to offer battle, the priest shall approach 

tr n u d st in and s P eak to tne people, 3 and say to them, Hear O Israel, ye are drawing 

God near this day to fight against your enemies; do not lose heart, fear not, nor 

tremble, neither be afraid because of them; 4 for Jehovah your God is going 

with you, to fight for you against your enemies in order to deliver you. 

P re . 10 When thou drawest near to a city to fight against it, proclaim peace 

Umi " to ft-° U And if it make a peaceful response and open its gates to thee, then 

pieced- s hall all the people that are found in it be compelled to do forced labor for 

Stack thee and serve thee. 12 But if it make no peace with thee but offer battle 

against thee, then thou shalt lay siege against it. 

§ 41 While this law was of practical hygienic value, the motive which gave rise to it was 
evidently religious and ceremonial. The simple anthromorphic conception of Jehovah in " 
suggests that this law in its present form comes from an early period. From I Sam. 21° it 
may be inferred that the weapons of war, and probably the person of the warriors, were in ancient 
times solemnly consecrated. Cf. also II Sam. 1". The priestly law of Nil. 5»-« states that 
in the traditional march through the wilderness all lepers were excluded from the camp. 
Every one ceremonially impure, either because of an issue. Lev 15 215 or from contact with a 
corpse, was also shut out; but these laws, though based upon the same principle as the former, 
make no reference to a military camp. ..... . . , •„ 

1 Dt 23 13 Lit., tent pin, i. e.. that is something pointed or similar in form to a tent pin. 
m Dt. 23 14 Lit., going to and fro. It means that Jehovah accompanied his people in all 
their campaigns. 

■Dt. 2.'5" Lit., before thee. 

o Dt. 20 10 /. e., give it a chance to surrender without being attacked. 

& 42 War is regarded as inevitable by the lawgivers. Their effort is to regulate as far as 
possible its barbarity and to prevent needless loss of life. 

82 



MANNER OF ATTACK [Nu. 10 9 

Priestly Codes 

Nu. 10 9 When ye go to war in your land against the foe that oppresseth Call to 
you, ye shall sound an alarm with the trumpets; and ye shall be remembered atfc e 
before Jehovah your God, and ye shall be saved from your enemies. 

§ 43. Division of the Booty, I Sam. 30 21 - 25 

Primitive Codes 

I Sam. 30 21 Now when David came to the two hundred men, who had Origin 
been too faint to follow him, so that he had to leave them behind at the f^w ol 
Brook Besor, they went out to meet David, and the people who were with e 9*J al 
him. And when they came near to the people, they saluted them. 22 Then button 
all the wicked and base scoundrels among the men who went with David booty 
began to say, Because they did not go with us, we will not give them any of 
the spoils that we have recovered, except to each, his wife and his children, 
that he may take them away and depart. 23 But David said, Do not so, my 
brothers, after that which Jehovah hath given us, and after he hath preserved 
us and delivered the marauding band that came against us into our hand. 
24 And who will give heed to you in this matter, for — 

As is the share of him who goeth down into battle, 
So is the share of him who remaineth with the baggage. 
They shall all share alike. 

25 And from that time on he made it a statute and precedent in Israel to 
this day. 

§ 44. Disposal of the Spoils and Captives, Dt. 20 10 . 1218 , 7 1 - 2 . "• 22 - 28 , 20 19 . 20 , 

2J10-14 J^ u> 311a, 2, 3, 7.18, 21.31 

Deuteronomic Codes 

Dt. 20 10 When thou drawest near to a city to fight against it, proclaim In the 
peace to it. 12 But if it make no peace with thee, but offer battle against distant 
thee, then thou shalt lay siege against it. 13 And when Jehovah thy God foes 
delivereth it into thy hand, thou shalt put every male in it to the edge of the 
sword; 14 but the women, and the little ones, and the animals, and all that is 
in the city, even all its spoil, shalt thou take to thyself as booty; and thou 
shalt eat the spoil of thine enemies, which Jehovah thy God hath given thee. 

§ 43 This enactment, embedded in the early historical narratives, is especially interesting, 
for it illustrates one of the common ways in which a law came into existence. Cf. Introd., p. 12. 

§ 44 It is a great relief to note that these laws enjoining the merciless destruction of the 
Canaanites and Midianites took form centuries after the conquest, and that the actual practice 
in the earlier day was far different. These laws also stand in striking contrast to the humane 
principles laid down by Amos, I 6 - 13 , and with the prevailingly philanthropic spirit of the 
codes in which they are found. The explanation lies in the fact that these later lawgivers 
are dealing not with present but past conditions, and are thinking not of the suffering of the 
innocent but of the glaring evils in Israel's character and religion which were directly traceable 
to the influence of the early Canaanitish inhabitants of the land, whom the Hebrews absorbed. 
These blood-thirsty laws were formulated in the days following the reaction of Manasseh 
when the true prophets of Jehovah were engaged in a death struggle with the old popular 
heathen cults. In essence they declare that it would have been better for Jehovah's people 
to have exterminated the evil, root and branch, than to have allowed it to remain a con- 
stant menace to Israel's true life and faith. 

83 



Dt. 20 15 ] martial regulations 

Deideronomic Codes 

I5 Thus shalt thou do to all the cities that are very far off from thee, which 

arc not of the cities of these nations.. 

The lfl But of the cities of these peoples, that Jehovah thy God giveth thee for 

peoples an i n | ler itanee, thou shalt save alive nothing that breatheth; 17 but thou shalt 

Canaan utterly destroy'' them, the Hittites, the Amorites, the Canaanites, the Periz- 

zites, the Hivites, and the Jebusites, as Jehovah thy God hath commanded 

thec.'i l8 that they may not teach you to do according to all their abominations, 

which they have done to their gods, and so ye sin against Jehovah your 

God. 7 l But when Jehovah thy God shall bring thee into the land which 

thou art going in to possess, and shall clear away many nations before thee, 

the Hittites, the Girgashites, the Amorites, the Canaanites, the Perizzites, 

the Hivites, and the Jebusites, seven nations greater and mightier than thou, 

-and when Jehovah thy God shall deliver them into thy hands and thou shalt 

smite them, then thou shalt completely destroy them without making any 

terms with them or without showing any mercy to them. 16 But thou shalt 

consume 1 " all the peoples that Jehovah thy God shall deliver into thy power; 

thou shalt show them no pity; neither shalt thou serve their gods for that 

would be a snare to thee. 

Gradu- 22 And Jehovah thy God will clear away those nations before thee little by 

JonJ! 1 little; thou mayst not consume them all at once, lest the wild beasts become 

plete too numerous for thee. 23 But Jehovah thy God will deliver them into thy 

hand and will throw them into great confusion, until they are destroyed. 

fch 24 And he will deliver their kings into thy hand, and thou shalt blot out their 

peoples name from the earth ; s no man will be able to stand before thee until thou 

cults hast destroyed them. 25 The graven images of their gods shall ye burn with 

fire; thou shalt not covet the silver or the gold that is on them, nor take it 

for thyself, lest thou be snared thereby, for it is an abomination to Jehovah 

thy God. 26 And thou shalt not bring an abomination into thy house, lest 

thou fall like it under the ban; 1 thou shalt utterly detest and abhor it, for it 

is placed under the ban. 

Fruit 20 19 When thou shalt besiege a city a long time in making war against it 

trees to m or j er t capture it, thou shalt not destroy its trees by wielding an ax against 

spared them; thou mayest eat of them, but thou shalt not cut them down; for is 

war the tree of the field a man, that it should be besieged by thee ? u 20 Only the 

trees which thou knowest are not fruit trees, thou mayst destroy and cut, 

that thou mayst build siege-works against the city that maketh war with 

thee, until it fall. 

Per- 21 10 \Vhen thou goest forth to battle against thine enemies, and Jehovah 

n thy God delivereth them into thy hands, and thou earliest them away 

marry ca ptive n and seest among the captives a beautiful woman, and thou 

male 

captive 



p Dt. 20 17 Lit., place under the ban, devote. 

n Dt. 20 17 E. a., 7 2 , Fx. 23 31 - a3 . 

< Dt. 7 1 " Lit., eat. 

' Dt. 7- M The Heb. idiom is. make their name to perish from under heaven. 

1 Dt. 7 26 /. e., be given up to destruction. 

u Dt. 20' ,J Following the (Jk. and Lat. in translating this clause as a question. 

84 



DISPOSAL OF THE SPOILS [Dt. 21 11 

Deuteronomic Codes 

hast a desire for her, and wouldst make her thy wife, 12 then thou shalt bring 
her home to thy house; and she shall shave her head and pare her nails, 
13 and she shall put off the garb of her captivity and shall remain in thy house, 
and bewail her father and her mother a full month; after that thou shalt 
go in unto her, and be her husband, and she shall be thy wife. 14 But if 
thou have no delight in her, then thou shalt let her go where she will; but 
thou shalt not sell her in any case for money; thou shalt not deal with her as 
a slave, because thou hast humbled her. 



Supplemental Priestly Codes 

Nil. 31 la Jehovah said to Moses, 2 Avenge the Israelites on the Midian- The 
ites; afterward thou shalt be gathered to thy father's kin. 3 Therefore Moses tfJnal 
gave this command to the people : Equip men from among you for the war, priestly 
that they may go against Midian, to execute Jehovah's vengeance on Midian. dent 
7 So they made war on Midian, as Jehovah commanded Moses, and slew 
every male. 8 They also slew the kings of Midian with the rest of their slain : 
Evi, Rekem, Zur, Hur, and Reba, the five kings of Midian; Balaam, too, 
the son of Beor, they slew with the sword. 

9 And the Israelites took captive the women of Midian with their little Dis- 
ones. And all their cattle, and all their flocks, and all their goods they took [Jfthe 
as booty. 10 But all their cities, in the places in which they dwelt, and all c . a P- 
their enclosures they burnt with fire. n And they took all the spoil and all and 
the booty both of man and of beast. 12 And they brought the captives, and booty 
the booty and the spoil to Moses and Eleazar the priest, and to the congrega- 
tion of the Israelites at the camp in the plains of Moab, which are by the 
Jordan at Jericho. 

13 Then when Moses and Eleazar the priest, and all the princes of the More 
congregation, went forth to meet them outside the camp, 14 Moses was angry jJoS" 5 " 
with the officers of the host, the captains of thousands and the captains of regard- 
hundreds, who came from the service of the war. 15 And Moses said to cap- 
them, Have you saved all the women alive ? 16 Behold, these caused %nd? 
the Israelites, through the counsel of Balaam, to break faith with Jehovah bo °ty 
in the affair of Peor, and so the plague was among the congregation of 
Jehovah. 17 Now therefore kill every male among the little ones, and kill 
every woman who has entered into marital relations. 18 But all the female 
children, who have not entered into marital relations, keep alive for your- 
selves. 

21 And Eleazar the priest said to the warriors who went to the battle, This De- 
is the statute of the law which Jehovah hath commanded Moses, 22 ' Only the dtrec- 
gold, the silver, the brass, the iron, the tin, and the lead, — 23 every thing that tionsre- 
may be put into the fire, ye shall put through the fire, that it may be clean; their 
it shall surely be purified by means of the water of impurity; and all that can gonial 
not be put into the fire you shall put through the water. 24 And ye shall wash purifi- 
your clothes on the seventh day, and shall be clean; and afterwards ye shall 
come into the camp.' 

85 



Nu. 31 25 ] MARTIAL REGULATIONS 

Supplemental Priestly Codes 

Jeho - ,v rhen Jehovah commanded Moses, 2G Make an estimate of the booty that 

portion ^ V:IS l;i ^ rn ' Dotu of man and of beast, thou, and Eleazar the priest, and the 

of the heads of the fathers' houses of the congregation, 2/ and divide the booty into 

for the two parts; between the men skilled in war, who went out to battle, and all 

priests t j le congregation. 28^^ j eV y a contribution for Jehovah upon the warriors 

who went out to battle : one in five hundred, of the persons, and of the oxen, 

and of the asses, and of the flocks : 29 take it from their half, and give it to 

Portion Eleazar the priest, as a special contribution to Jehovah. 30 And from the 

Levitee Israelites' half thou shalt take one drawn out of every fifty, of the persons, 

of the oxen, of the asses, and of the flocks, even of all the cattle, and give them 

to the Levites who have charge of the dwelling of Jehovah. 31 And Moses 

and Eleazar the priest did as Jehovah commanded Moses. 



c 

The Judiciary 

§ 45. Appointment of Judges, Ex. 18 13 - 26 , Dt. 16 18 * 
Primitive Codes 
Moses' Ex. 18 13 Now Moses sat as judge to decide cases for the people, and 
judge* 8 tne people stood about Moses from morning until evening. 14 But when 
Moses' father-in-law saw 7 all that he was doing for the people, he said, What 
is this thing that you are doing for the people ? why are you sitting all alone 
while all the people stand about you from morning until evening? 15 And 
Moses answered his father-in-law Because the people keep coming to me 
to inquire of God. 16 Whenever they have a matter of dispute, they come 

The Judiciary. — In its method of administering justice the ancient East differed widely 
from the modern West. The most striking difference was the absence in the ancient East 
of any distinct judicial organization. Political, judicial and religious duties were often dis- 
charged by the same officials. In Egypt, Babylonia and Israel the judges to whom cases were 
referred were quite invariably either civil officers or priests. Every prominent public official, 
from the king himself to the local tribal elders, could thus be called upon to act as judges. 
The result was that justice often miscarried for lack of system and a responsible organization 
to attend to its execution. Also in Babylonia, Egypt, and ancient Israel, most cases were 
tried not before one but several associated judges. In Babylonia such a judicial body might 
consist of from four to twelve, among whom were often found civil officials, scribes, priests 
and elders. A similar mixed court was established at Jerusalem during the latter days of the 
monarchy. 

In ancient Israel, however, ordinary cases were decided by the tribal or local elders 
assembled at the city gates, or else by the priests to whom the Questions in dispute were referred 
at the local sanctuary and later at the temple at Jerusalem. Important cases could be carried 
to the king, as the ultimate authority, or later to the central court at Jerusalem, cf. § 47. It 
is not clear what determined the choice of a court. Probably much liberty was allowed to 
the individual litigants. If a crime was involved, the community or the local elders or the 
priests doubtless took the initiative, according to the nature of the offence. 

In the ancient East the litigants each presented and pled his own case, although in pre- 
paring it he was free to utilize the services of friends or scribes. The plaintiff and defendant, 
in Babylonia at least, also produced their own witnesses, who were duly sworn and carefully 
examined. For a full and illuminating presentation of the facts regarding judges, law-courts 
and legal processes, cf. John's Bab. and Assyr. Laws, Contracts ami Letters, pp. 80-112. 

§ 45 The early Ephraimite prophetic account of Moses' activity as judge throws much 
light upon the origin of Israel's judiciary, cf. Introd., pp. 10, 11. The explicit law directing 
the establishment of local courts is comparatively late. 

86 



APPOINTMENT OF JUDGES [Ex. 18 10 

Primitive Codes 

to me, that I may decide which of the two is right, and make known the 
statutes of God, and his decisions. 

17 Then Moses' father-in-law said to him, This thing which you are doing His ex- 
is not good. 18 Both you and these people who are about you will surely f^ap- 
wear yourselves out, for the task is too heavy for you; you are not able to point- 
perform it by yourself alone. 19 Now hearken to me, I will give you good judges 
counsel, so that God will be with you : You be the people's advocate with 
God, and bring the cases to God, 20 and you make known to them the statutes 
and the decisions, and show them the way wherein they must walk, and the 
work that they must do. 21 Moreover you must provide out of all the people 
able, God-fearing, reliable men, hating unjust gain; and place such over them 
to be rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of 
tens; 22 and let them judge the people at all times. Only every great matter 
let them bring to you; but every small matter let them decide themselves; so 
it will be easier for you, and they will bear the burden with you. 23 If you 
do this thing and God so commands you, then you will be able to endure, 
and all these people also will go back to their places satisfied. 24 So Moses 
hearkened to the advice of his father-in-law, and did all that he had said. 
25 And Moses chose able men out of all Israel, and made them heads over 
the people, rulers of thousands, rulers of hundreds, rulers of fifties and rulers 
of tens. 26 And they judged the people at all times; the difficult cases they 
brought to Moses, but every small matter they decided themselves. 27 Then 
Moses let his father-in-law depart, and he went his way to his own land. 

Devteronomic Codes 

Dt. 16 18a Judges and officers shalt thou appoint according to thy tribes Local 
in all the cities which Jehovah is about to give thee. JU ges 

§ 46. Duties of Judges, Ex. 23 6 - 8 , Dt. 16 18b - 20 , l 16 . 17 , 27 25 , 25 1 . 2 , Lev. 19 15 l35] 

Primitive Codes 

Ex. 23 6 Thou shalt not prevent justice being done to thy poor in his To ad- 
cause. 7 Keep aloof a from every false matter. b Do not condemn the inno- Srjus- 
cent nor him who hath a just cause. Do not vindicate d the wicked. 8 Thou £j ce to 
shalt take no bribe, for a bribe blindeth the eyes of those who see and per- classes 
verteth the cause of the righteous. e 

§ 46 The strong emphasis which the prophets placed on justice, especially in the law- 
courts, left its deep impress on Israel's laws. To insure justice to all alike was one of the 
chief aims of the Deuteronomic codes. 

The same lofty purpose actuated Hammurabi. This is illustrated by the drastic pun- 
ishment which he directs to be inflicted upon a judge suspected of rendering a decision under 
unjust influence: 

§ 5 // o judge has given a verdict, rendered a decision, granted a written judgment, and 
afterward has altered his judgment, that judge shall be prosecuted for altering the judgment 
he gave and shall pay twelvefold the penalty laid down in that judgment. Further, he shall be 
publicly expelled from his judgment-seat and shall not return nor take his seat with the judges 
at a trial. 

a Ex. 23 7 Lit., keep far away from. 

b Ex. 23 7 /. e., every crooked conspiracy to prevent justice. 

c Ex. 23 7 Lit., do not slay. 

d Ex. 23 7 So Gk. which has clearly preserved the original text. 

e Ex. 23 8 Or, righteous matters. 

87 



Dt. lG^b] THE JUDICIARY 

Deuteronomic ('odes 

Dt. 10 l8b The judges shall judge the people with righteous judgment. 

19 Thou shall not prevent justice; thou shalt not show partiality; f neither 

shall thou take a bribe, for a bribe blindeth the eyes of the wise and per- 

verteth the words* of the righteous. -"Justice and only justice 11 shalt thou 

follow, that thou inavst live and inherit the land which the Lord thy God 

giveth thee. 

To be 1 l6 At that time 1 Moses said, I give your judges this charge, 'Hear the 

enced ™ s *' s between your fellow countrymen, and judge righteously between a 

only by man arl( ] } ns neighbor, and the alien residing with him. 17 Ye shall be im- 

princi- partial in judgment; ye shall give equal hearing to the weak and strong; 

justice y e shall not oe afraid of any man; for the judgment is God's; and the case 

that is too difficult for you, bring to me and I will hear it.' 
Public 2 7 25 Cursed be he who taketh a bribe to condemn^ an innocent person. 

censure Am{ ^ the peQple ghaU ^ g Q ^ j t be 

Judge 25 J If there be a controversy between men and they come for a decision, 
nes^ 1 and judgment is pronounced upon them, with the result that the righteous 
poral * s vindicated an d the wicked condemned, 2 and if the culprit deserveth to be 
punish- beaten, then the judge shall make him lie down and be beaten in his presence 
men with the number of blows corresponding to his crime. k 

Holiness Code 

To be Lev. 19 15 Ye shall do no injustice in rendering a judicial decision. 1 
futeiy Thou shalt not show partiality to the poor nor have undue consideration 
jjjy 8 *" for the powerful; but justly shalt thou judge thy neighbor. 

§ 47. The Supreme Court of Appeal, Dt. 17 8 - 11 

Deuteronomic Codes 

Diffi- Dt. 17 8 If a question involve bloodshed or conflicting claims, or the 

cases to plague of leprosy , m — questions of controversy within thy city too difficult 
be re : for thee to decide, — then thou shalt set out and go up to the place which the 
to it Lord thy God shall choose; 9 and thou shalt come to the Levitical priests, 

and to the judge who shall be officiating in those days; and thou shalt inquire; 

and they shall make known to thee the proper judicial sentence. 

f Dt. IB 1 '-* Lit., Know the faces of; RV, respect persons. 

* Dt. 16 19 Lit., words, statements. 

h Dt. 16 20 Lit., Justice, justice. The repetition intensifies the form of the command. 

1 Dt. l lfl The event referred to is recorded in Ex. IS. Cf. § 45. 

I Dt. 27 28 Lit., to slay. 

k Dt. 25 2 The law goes on to add that the blows inflicted must be limited to thirty-nine. 

1 Lev. 19 15 The first command contained in the vs. is repeated in 35 . 

§ 47 The O.T. furnishes no further information regarding the appointment and constitu- 
tion of the central court at Jerusalem. In ancient times Moses, and later the Heb. kings 
(LI Sam. 12 1 -' 1 , 15'-'), were the final arbiters in disputed questions. The tradition in Ex. is 
implies that Moses appointed a judicial body, somewhat similar to the one the existence of 
which is implied in Dt. 17 s ". In II Chr. 19 8 " 11 the establishment of a central court of 
appeal, consisting of priests. I.evites and the heads of the fathers' houses is attributed to Je- 
hoshaphat. The Late tradition may reflect historical facts, for the present law in Dt. implies 
that SUCh a tribunal was in existence id the days of Josiah. 

'" Dt. 17 s Lit., between blood and blood, between plea and plea, and between stroke and stroke, 
i. e., criminal, civil, and ceremonial cases. The latter refers to a stroke, like a plague, espe- 
cially leprosy, in connection with which the priests were expected to render a decision. 

88 



THE SUPREME COURT OF APPEAL [Dt. 17 10 

Deuteronomic Codes 

10 Thou shalt also act according to the tenor of the sentence which they Its de- 
shall make known to thee from that place which Jehovah shall choose; and Jobe* 3 
thou shalt do exactly as they direct thee, n according to the tenor of the ^ith- 
instruction which they shall give thee, and according to the decision which exe- 
they shall impart to thee, thou shalt do without departing from the sentence cute 
which they shall make known to thee, either to the right hand or to the left. 



§ 48. Number of Witnesses Required to Convict, Dt. 19 15 , 17 8 , Nu. 35 30 

Deuteronomic Codes 

Dt. 19 lo One witness shall not stand up alone to testify against a man Two re- 
for any crime, nor for any sin which he hath committed. 11 By the testimony to con- 
of two or three witnesses must a matter be established. 1 7 6 On the testi- vlct . of _ 
mony of two or three witnesses shall a man be condemned to death ; he shall inal 
not be put to death on the testimony of one witness. 

Supplemental Priestly Codes 

Nu. 35 30 In every case of murder, the murderer shall be put to death 
on the testimony of witnesses; on the testimony of but one witness shall no 
one suffer death. 



§ 49. Duties of Witnesses, Ex. 23 1 - 3 [20 18 ], Dt. 5 20 , 17 7 , Lev. 19 16 , 5 1 

Primitive Codes 

Ex. 23 x Thou shalt not spread abroad a false report. Do not enter To tell 
into a conspiracy with a wicked man to be an unrighteous witness. 2 Thou truth 
shalt not follow the majority in doing what is wrong. Thou shalt not bear a £? hin 
testimony in a case so as to pervert justice. ° 3 Thou shalt not show par- but the 
tiality to a poor man in his case. 

Deuteronomic Codes 

Dt. 5 20 Thou shalt not bear false witness against thy neighbor. To take 
17 7 The witnesses shall first raise their hands against a murderer to put itiative 



in the 
execu- 



him to death, and afterwards the hands of all the people. Thus thou shalt 
purge awav the evil from thy midst. tion of 

amur- 
— ■ ■ derer 

§ 48 The eminent wisdom of this law, especially in capital offences, is obvious. 

» Dt. 19 15 /. e., a moral crime or some infringement of the ceremonial law. 

§ 49 Prevarication is one of the most crying evils of the East. A lie is the salt of a man is 
too often accepted as good ethics. The Israelitish lawgivers strenuously sought to eliminate 
this deadly menace to the purity of the courts. The parties to a dispute were probably under 
obligation to produce their witnesses, as in ancient Babylonia under Hammurabi: 

§ 13 If a man has not his witnesses at hand, the judge shall set him a fixed time not ex- 
ceeding six months, and if within six months he has not -produced his witnesses, the man has lied; he 
shall bear the penalty of the suit. 

° Ex. 23 2 Following a corrected text. 

89 



Lev. 19 16 ] THE JUDICIARY 

Holiness Code 

N.t to Lev. 19 16 Thou shalt not go about as a tale bearer among thy people; 
U2i|£ nor shalt thou seek the blood of thy neighbor : p I am Jehovah. 

charges 

Priestly Codes 

Nut to Lev. 5 1 If anyone sin when under oath as a witness by failing to give 
1 information concerning what he hath seen or known, q he shall bear the con- 
mony sequences of his iniquity. 

§ 50. Punishment of False Witnesses, Dt. 19 1 *- 21 

Deuteronomic Codes 

Tosuf- Dt. 19 1G If a malicious witness stand up against a man to accuse him 
penalty °f treason, 1 " 17 then both the men who have the dispute shall stand before 
of the Jehovah, before the priests and the judges who shall be officiating in those 
unjust- days; 18 and the judges shall thoroughly investigate; and should it prove 
charged tnat tne witness is a false witness, and hath testified falsely against his country- 
man, 19 then shall ye do to him as he purposed to do to his fellow country- 
man; thus thou shalt purge away the evil from thy midst, 20 that those who 
remain may heed and fear, and never again commit any such crime in thy 
midst. 21 And thou shalt not show pity; s life for life, eye for eye, tooth 
for tooth, hand for hand, foot for foot. 

§ 51. Execution of Judicial Sentence, Dt. 25 2 - 3 
Deuteronomic Codes 

Judge Dt. 25 2 If a culprit deserve to be beaten, the judge shall make him lie 
nlZ n ' down and be beaten in his presence with the number of blows corresponding 
cor_ to his crime. 3 Forty blows may he inflict upon him, but no more, lest, if 
punish- he add more blows than these, thy fellow countryman be held in contempt 
ment in thine eyes. 

§ 52. Punishment for Contempt of Court, Dt. 17 12 > 13 
Deuteronomic Codes 

Refusal Dt. 17 12 Should a man act presumptuously, so as not to hearken to the 
cepT priest who standeth to minister there before the Lord thy God, or to the 

sen- ____ 

su " p Lev. 19 16 I. e., by trying to bring a capital charge against him and probably also by 

preme false testimony in the courts. 

tnbu- q L ev - 5 1 Lit., and heareth the voice of the oath, and is a witness whether he hath seen or 

nal known, if he do not give information. 

r Dt. 19 lfi /. e., against law and custom. 

§ 50 The justice of the law is self-evident; the laxness of our modern legal usage is in un- 
fortunate contrast to it. 

8 Dt. 19 21 Lit., thine eye shall not show pity. 

§ 51 Punishment of the bastinado, as was common in Egypt, is evidently here contem- 
plated. The law further voices the humane spirit of the Deuteronomic codes. 

§ 52 The decision referred to is that of the central tribunal at Jerusalem. The severity 
of the punishment recalls Hammurabi's free use of the death penalty, or the barbarous severity 
of many of the old English laws. The law, however, was probably of the nature of a threat, 
for there is no evidence that it was actually enforced. 

90 



PUNISHMENT OF CONTEMPT OF COURT [Dt. 17 12 

Deuteronojnic Codes 

judge, that man shall die. 13 Thus thou shalt purge away the evil from Israel, 
that all the people may take heed, and fear, and never again act presumpt- 
uously. 

§ 53. The Object of Cities of Refuge, Ex. 21 12 - 14 , Dt. 19 113 , 4 41 - 43 , Nu. 35 915 

Primitive Codes 

Ex. 21 12 If a man strike another so that he die, the manslayer shall Early 
be put to death. 13 If a man lie not in wait, but God deliver him into alta?- f 
his hand, then I will appoint thee a place to which he may flee. 14 If a man asylum 
attack another maliciously to slay him by treachery, thou shalt take him from 
mine altar that he may be put to death. 

Deuteronomic Codes 

Dt. 19 1 AYhen Jehovah thy God shall cut off the nations, whose land Three 
Jehovah thy God giveth thee, and thou shalt dispossess them, and shalt beast* 
dwell in their cities, and in their houses, 2 thou shalt set apart three cities for aside as 
thyself in the midst of thy land, which Jehovah thy God is about to give oYref- 
thee as a possession. 3 Thou shalt prepare the way, and divide the territory uge 
of thy land, which Jehovah thy God will let thee inherit, into three parts, 
that every manslayer may flee thither. 

4 And this is the rule in regard to the manslayer, who may flee thither and For the 
live : whoso killeth his neighbor accidentally without having been his enemy fjj 
formerly, 5 as for example when a man goeth into the forest with his neighbor the in_ 
to cut wood, and he swingeth the ax with his hand to cut down a tree,* and man" 
the head slippeth from the helve and striketh his neighbor, so that he die, slayer 
the man shall flee to one of these cities and live; 6 lest the avenger of blood 
pursue the manslayer, while he is enraged, u and overtake him, because the 
way is long, and take his life, although he did not deserve to die, since he 
was not formerly the dead man's enemy. 7 Therefore I command that thou 
shalt set apart three cities. 8 And if Jehovah thy God enlarge thy bor- 
ders as he hath sworn to thy fathers, and give thee all the land which he 
promised to give to thy fathers, 9 if thou shalt keep all this command to do 
it, which I command thee this day, in that thou love Jehovah thy God, and 
walk ever in his ways, then shalt thou add three other cities, besides these 
three, 10 that innocent blood may not be shed in the midst of thy land, which 
Jehovah thy God giveth thee as an inheritance, and thus blood-guilt be upon 
thee. 

n But if any man hate his neighbor, and He in wait for him, and attack But not 

, of the 

mur- 

§ 53 The relentless Semitic law of blood revenge made a place of refuge for the innocent derer 
manslayer a necessity among the Hebrews. As among most ancient peoples, the altar-asylum 
was an established institution in Israel. The law in Ex. 21 14 aims to guard against its abuse. 
When all the high places outside Jerusalem, with their altars, were abolished by the Deuter- 
onomic law and the reform measures of Josiah, it became necessary to establish convenient 
cities of refuge. Apparently the towns selected were the sites of ancient shrines (cf. Josh. 
20 7 - 8 ), thus comporting with the customs already fixed. Cf. also § 83. 

* Dt. 19 5 Lit., his hand impelleth with the ax to cut down the tree. 

u Dt. 19 6 Lit., while his heart is hot. 

91 



I)t. 19"] THE JUDICIARY 

Deuteronomic Codes 

him and strike him mortally so that lie die, and the murderer flee to one of 
the cities of refuge, l2 the elders of his city shall send and bring him, and 
deliver him into the hand of the avenger of blood, that he may die. 13 Thou 
shalt have no mercy on him, but shall purge away the innocent blood from 
Israel, that it may go well with thee. 
The 4 4, Then Moses set apart three cities on the other side v of the Jordan 

Jordan toward the sunrise, 42 that a manslayer who had slain his neighbor acci- 
cities dentally and without having been formerly his enemy might flee thither, 
and by fleeing to one of these cities might save his life : 43 Bezer in the wilder- 
ness on the table land for the Reubenites, Ramoth in Gilead for the Gadites, 
and Golan in Bashan for the Manassites. 

Supplemental Priestly Codes 

The Nu. 35 9 Jehovah gave this command to Moses: 10 Speak thus to the 

version Israelites, and say to them, ' When ye pass over the Jordan into the land of 
of the Canaan, n ye shall select as suitable for yourselves, cities to be cities of 
refuge for you, that the manslayer who killeth any person unintentionally 
may flee thither. 12 And the cities shall be a refuge from the avenger of 
blood, that the manslayer may not be put to death until he can stand before 
the congregation for judgment. 13 And the cities which ye shall give shall 
be for you six cities of refuge. 14 Ye shall set apart three w cities beyond 
Jordan, and three cities shall ye set apart in the land of Canaan; they shall 
be cities of refuge. 15 These cities shall be a refuge for the Israelites and 
for the resident alien and the one who hath settled among them; that every 
one who hath killed another unintentionally may flee to them.' 



D 
Popular Instruction in the Law 

§ 54. Publishing the Law, Dt. 27 1 - 4 - \ Josh. 8 30 - 32 
Deuteronomic Codes 
Com- Dt. 27 Closes and the elders of Israel gave this command to the 

to write people : Keep all the commands which I lay upon you this day. 2 And 

the 

laws on v Dt. 4 41 /. e., on the east side. 

plas- w Nu. 35 14 Cf. for these cities, Josh. 2if- s . 

tered Popular Instruction in the Law. — The zeal of the authors of the Deuteronomic codes 

stones led them to resort to very positive means to impress the new law upon the popular conscious- 
ness. Their methods were similar to those of the great prophets like Isaiah. Just as he wrote 
his central teaching during the years 737-735 B.C. on a tablet and set it up before the people, 
Is. 8 1 , so the prophetic reformers of the days of Josiah decreed that the essentials of the law 
should be published before the eyes of the people. The method may be traced back at least 
as far as the days of the great Hammurabi. Primitive tablets were probably thus set up in 
Solomon's temple. Cf. Introd., p. 22. Doubtless the influence of the example of their Assyr- 
ian masters also affected the authors of Dt. 

The public reading of the law by Josiah is recorded in II Kgs. 24-. In the same way, a 
few years later, Baruch read certain of Jer.'s sermons to the people, Jer. 36 10 . 

Through the emphasis which the Deuteronomic lawgivers placed upon the instruction 

§ 54 These passages in Dt. and Josh, are both later products of the Deuteronomic school. 

92 



PUBLISHING THE LAW [Dt. 27 2 

Deuteronomic Codes 

when ve shall pass over the Jordan to the land which Jehovah thy God is 
about to give thee, thou shalt set up great stones and plaster them with 
plaster; 3 and thou shalt inscribe upon them all the words of this law, when 
thou hast passed over, that thou mayst go into the land which the Lord thy 
God giveth thee, a land abounding in milk and honey, as the Lord the God 
of thy fathers hath promised thee. 4 And when ye are passed over Jordan 
ye shall set up these stones, which I command you this day, on Mount Ebal, 
and thou shalt plaster them over with plaster. 8 And thou shalt inscribe 
upon the stones all the words of this law very plainly and carefully. 

Josh. 8 30 Then Joshua built on Mount Ebal an altar to Jehovah the Execu- 
God of Israel, 31 as Moses the servant of Jehovah had commanded the the* ° 
Israelites, as it is written in the law of Moses, an altar of unhewn stones, com ' 
upon which no one had set a tool. And they offered burnt-offerings on it 
to Jehovah, and sacrificed peace-offerings. 32 And he inscribed there upon 
the stones a copy of the law of Moses, which he had written in the presence 
of the Israelites. 

§ 55. Public Reading of the Law, Dt. 31 913 , Josh. 8 33 - 35 
Deuteronomic Codes 

Dt. 31 9 Moses wrote this law and delivered it to the priests the sons Com- 
of Levi, who bore the ark of the covenant of Jehovah, and to all the elders jjjfbijj.. 
of Israel. 10 And Moses gave them this command : At the end of seven ly to 
years, in the year fixed for the release, at the feast of tabernacles, n when all the law 
Israel come to see a the face of Jehovah thy God in the place which he shall ]J2venth 
choose, thou shalt read this law aloud before all Israel. 12 Assemble the y ear 
people, the men, the women and the children, as well as the aliens who reside 
within thy city, that they may hear, and learn, and fear Jehovah your God, 
and faithfully follow all the words of this law, 13 and that their children who 
have not known may hear, and learn to fear Jehovah your God as long as 
ye live in the land which ye are going over the Jordan to possess. 

Josh. 8 33 And all Israel with their elders, officers, and judges were First 
standing on each side of the ark before the priests, the Levites, who carried reading 
the ark of the covenant of Jehovah — the resident alien as well as the native 
born — half of them in front of Mount Gerizim, and half of them in front of 
Mount Ebal, as Moses the servant of Jehovah had commanded them at the 
first, that they should bless the people of Israel. 34 And afterwards Joshua 
read all the w T ords of the law, the blessing and the curse, according to all 
that is written in the book of the law. 35 There was not a word of all that 
Moses commanded, which Joshua did not read before all the assembly of 
Israel, and the women, and the little ones, and the resident aliens who were 
residing among them. 

of children by their parents, they laid the foundation of the later educational system which was 
the strength and glory of Judaism. The decalogue structure of the primitive laws suggests, 
however, that catechetical instruction began in the earliest period of Israel's history. These 
varied methods of inculcating the fundamental principles of the law proved effective, as the 
later character of the Jewish race amply demonstrates. 

a Dt. 31 11 Slightly revising the Heb. text. Heb., appear before. 

93 



the law 



Dt. 6 6 ] PUBLIC INSTRUCTION IN THE LAW 

§ 56. Instruction of Children, Dt. 6 6 - 9 . 20 - 25 , [ll 18 - 21 ] 

Deuteronomic Codes 

Con- Dt. 6 6 These words, which I command thee this day, shall be upon 

stantly ^y heart; 7 and thou shalt impress b them upon thy children, and thou shalt 
study talk of them when thou sittest in thy house, and when thou walkest by the 
culcate way, and when thou liest down, and when thou risest up. 8 Thou shalt bind 
them as a reminder on thy hand, and have them as bands on thy forehead 
between thine eyes, 9 and thou shalt mark them on the posts of thy house and 
on thy doors. 
His- 20 When thy son asketh thee in the future, What mean the testimonies, 

reasons and the statutes, and the judgments, which Jehovah our God hath com- 
manded you ? 21 then shalt thou say to thy son, We were Pharaoh's slaves in 
ing the Egypt; but Jehovah brought us out of Egypt with a strong hand; 22 and 
Jehovah performed before our eyes great and destructive signs and wonders, 
upon Egypt, upon Pharaoh, and upon all his household; 23 and he brought 
us out from there, that he might bring us in to give us the land which he swore 
to our fathers. 24 And Jehovah commanded us to act in accord with all these 
statutes, to fear Jehovah our God, that we might always prosper, and that 
he might preserve us alive, as at this day. 25 We shall be righteous if we 
observe faithfully this command before Jehovah our God, as he hath com- 
manded us. 

§ 56 The earnest exhortations of Dt. 6 fi - 9 - 20 - 21 are repeated in slightly different form in 
H 18-21 These passages clearly reveal the educational aims of the Deuteronomic writers, who 
were powerfully influenced by the spirit and methods of the great prophets of the Assyrian 
period. 

b Dt. G 7 Lit., prick in. 



law 



94 



CRIMINAL LAWS 



CRIMINAL LAWS 

I 

CRIMES AGAINST JEHOVAH 

§ 57. Worshipping Other Gods, Ex. 34 14 , 22 19 , 23 13b , [20 3 ], Dt. 5 7 , 6 14 , 8 19 . 20 , 

gQl7, 18 HIS, 17, 26.28 J72-7 

Primitive Codes 

Ex. 34 14 Thou shalt worship no other God, for Jehovah, whose name Abso- 
is Jealous, is a jealous God a . loyalty 

22 19 Whoever sacrificeth to any god, except to Jehovah only, b shall be *° Je r 
placed under the ban. c 

23 13b Make no mention of the name of other gods, nor let it be heard 
on thy d lips. e 

Crimes against Jehovah. — The distinctive teaching which Moses impressed upon the 
earlv Israelites appears to have been that Jehovah demanded the entire loyalty and devotion 
of his people. The command is imbedded in the oldest decalogue, and is always given the 
position of chief prominence and authority. It was the corner stone of Israel's civic and 
religious life. The common worship of the same God bound together the ancestors of the 
Hebrews wandering in the wilderness. The battle cry which rallied the people in the days 
of the judges, was, Come up to the help of Jehovah against the mighty, Jud. 5 20 . Loyalty to the 
God of the race was a stronger bond than even that of blood. Hence everything which tended 
to break down or weaken this bond was naturally regarded as treason. 

When the Hebrews settled in Canaan and absorbed a large Canaanitish population and 
fell heir in time to the high places and institutions of the native races, the great struggle began 
between the more austere demand of the Jehovah worship and the invidious seductions of 
Canaanitish Baalism. When the latter in the days of Ahab and under the patronage of Jezebel 
threatened to win the dav. Elijah appeared with his stern protest which at length found pop- 
ular expression in the revolution of Jehu. When again under Manasseh the religious cults of 
Assyria and Babvlonia gained the ascendency in Judah, the reformation which followed, under 
Josiah, was characterized by great severitv. Apostasy, being treason, is, according to the 
Deuteronomic codes to be punished bv death. The struggle between the Jehovah religion, as 
interpreted bv the great prophets of the Assyrian period, and heathenism, was so intense that 
the most humane of all the O.T. lawgivers showed no mercy. The comparative absence of 
kindred laws in the priestlv codes indicates that when they were formulated the exile had done 
its work and the great crisis was over; the loyalty of a majority of the nation was forever 
assured. . . . 

a Ex. 34 14 This primitive law, preserved in the early Judean prophetic narratives, is in- 
troduced by, for. This was clearly added bv the later prophetic editor to connect it with his 
exhortations against making covenants with foreign peoples. Possibly 14b is from the same hand. 
Cf. Dt. 4 2i , 5 9 , 6 15 . 

b Ex. 22 J 9 Or Sam. and Gk. A., to another god. These texts also leave out, except to Jehovah 
only, which may be a later explanatory gloss. . , 

■ Ex. 22^ Cf. Josh. 6 17 , 7 and Vol. I, § 110, note b . It sometimes has the meaning of, 
utterly destroy. In the earlier laws it probably meant the withdrawal of the protection of the 
tribe or nation and implied that Jehovah would execute the judgment, Dt. 20 16 ' 17 . 

d Ex. 23 13b So Sam., supported bv the rest of the vs. The Heb. has the pi. . 

e Ex. 23 I3b Lit., heard out of thy lips. The vs. in its present position in Ex. is probably 
secondary, but it may well represent an early Ephraimite duplicate of Ex. 34 14 . 

97 



Dr. r> 7 ] CRIMES AGAINST JEHOVAH 

Deuteronomic Codes 

Conse- Dt. 5 'Thou shall have no other gods f besides 8 me. 
of'dL-f- 63 <> l *Ye shall not go after other gods, — the gods of the peoples that are 
loyalty round about you' 1 -''for Jehovah thy God who is in the midst of thee is a 
jealous God; take heed lest the anger of Jehovah thy God be kindled against 
thee, and he destroy thee from off the face of the earth. 8 19 If thou shalt 
forget Jehovah thy God and shalt follow after other gods, and serve and 
worship them, 1 solemnly warn you this day that ye shall surely perish. 20 As 
the nations that Jehovah maketh to perish before you, so shall ye perish, 
because ye would not harken to the voice of Jehovah your God. 

30 17 If thy heart is rebellious and thou dost not take heed but art drawn 
away, and worship other gods, and serve them, 18 I declare to you this day, 
that ye shall surely perish; ye shall not enjoy long life in the land which thou 
art passing over the Jordan to go in to possess. 1 

11 16 Take heed to yourselves, lest your heart be deceived, and ye turn 
aside, and serve other gods, and worship them, 17 and the anger of Jehovah 
be aroused against you, and he shut up the heavens, so that there shall be no 
more rain, and the land yield not its produce, and ye perish quickly from 
off the land which Jehovah is about to give you. 26 Behold, I set before you 
this day a blessing and a curse : 27 the blessing, if ye will heed the commands 
of Jehovah your God, which I command you this day; 28 and the curse, if ye 
will not heed the commands of Jehovah your God, but turn aside out of the 
way which I command you this day, in order to go after other gods, which ye 
have not known. 
Proced- 1 7 2 If there be found in the midst of thee, w T ithin any of thy cities which 
punish- Jehovah thy God is about to give thee, a man or a woman, who doeth that 
! n K ( |i3- which is evil in the sight of Jehovah thy God, in transgressing his covenant, 
to Je- 3 and hath gone and served other gods and worshipped them, or the sun, or 
ova the moon, or the host of heaven, which I have not commanded, 4 and it be re- 
ported to thee and thou hast heard of it, then shalt thou investigate thoroughly, 
and if it prove to be true and be established that such abomination hath 
been committed in Israel, 5 then thou shalt bring forth that man or woman, 
who hath done this evil, to thy gates, even the man or the woman; and thou 
shalt stone them to death. 6 On the testimony of two or three witnesses 
shall he who is condemned be put to death. He shall not be put to death 
on the testimony of one witness. 7 The hand of the witness shall first be 
raised against him to put him to death, and then the hands of all the people. 
Thus thou shalt purge the evil from thy midst. 



f Dt. 5 7 The Heb. may also be translated pod. So Luc, Tan?., and Gk. A. 

* Dt. 5 7 The duplicate of Ex. 20 3 . The Heb. expression which means lit. in my face, or 
in my presence, or before my face, is translated as above in accord with its obvious meaning in 
Gen. 28°, 31 s0 , Lev. 18 18 , where it signifies to have a rival. In Job 1 u , 21 31 . Is. 65 3 it means 
before or openly. The command appears to demand that Jehovah's people shall give him 
the first place in their hearts, but also that they shall pay fealty to no other rival deity. 

h Dt. 6 U The late prophetic addition in Ex. 23 24 - -' repeats the injunctions of Dt. 6 14 and 
8 19 . 

1 Dt. 30 17 - 18 In view of their awkward connection with the context it seems probable 
that these vss. belong to a secondary section of the book of Dt. 

98 



APOSTASY [Dt. 13 1 

§ 58. Apostasy, Dt. 13 1 - 18 
Deutcronomic Codes 

Dt. 13 J If there arise in the midst of thee a prophet, or one who dreams Death 
dreams, and he give thee a sign or portent, 2 and the sign or portent come to fo r n fn ty 
pass, in connection with which he spoke to thee, saying, Let us go after other a P° s - 
gods which thou hast not known, and let us serve them; 3 thou shalt not listen proph- 
to the words of that prophet, or to that one who dreams dreams; for Jehovah et 
your God is testing you to know whether ye love Jehovah your God with 
all your heart and with all your souU 4 Ye shall follow Jehovah your God 
and fear him, and keep his commands, and obey his voice, and ye shall serve 
him, and remain true to him. k 5 That prophet or that one who dreams dreams 
shall be put to death, because, against Jehovah your God, who brought you 
out of the land of Egypt and redeemed thee out of the condition of slavery, 
he hath spoken treason, 1 in order to draw thee aside out of the way in which 
Jehovah thy God commanded thee to walk. Thus shalt thou purge away 
the evil from thy midst. 

6 If thy brother, the son of thy mother, or thy son, or thy daughter, or the Even 
wife of thy bosom, or thy friend, who is dear to thee as thy own soul, should ^ax 
entice thee secretly, saying, Let us go and serve other gods, which neither relative 
thou nor thy father hast known, 7 certain of the gods of the surrounding friend 
peoples, either near thee or far from thee, from one end of the earth to the 
other, m 8 thou shalt not yield nor listen to him, nor show pity to him, neither 
shalt thou spare him, nor shalt thou hide him from justice, 9 but thou shalt 
surely kill him; thy hand shall be first raised against him to put him to death, 
then the hands of all the people. 10 And thou shalt stone him to death, 
because he hath sought to draw thee away from Jehovah thy God, who 
brought thee out of the land of Egypt when thou wast a slave. n Thus all 
Israel shall hear and fear, and shall never again do any such wickedness as 
this is in thy midst. 

12 If thou shalt hear this report regarding one of thy cities, which Jehovah An 



apos- 
tate 



is about to give thee in which to dwell : 13 Certain fellows have gone out from 
thy midst and have drawn away the inhabitants of their city, saying, 'Let ^ ty d 1 ^ 
us go and serve other gods,' which ye have not known, 14 then thou shalt stroyed 
inquire and investigate, and carefully ascertain the facts. If it prove true J^in* 
and be established that such an abomination hath been committed in thy ^ abi_ 
midst, 15 thou shalt surely put the inhabitants of that city to the sword, de- 
stroying it utterly and all that is in it. n 16 And thou shalt gather all its spoil 

§ 58 Religious impostors, sometimes doubtless self-deceived, have been from time im- 
memorial, the bane of the East, which is always attentive to the man of the spirit. From the 
days of Ahab, I Kgs. 22, until the days of Nehemiah these false prophets were not only mis- 
leading the people, but also undermining the influence of the true men of God. In the days 
of Jer. they appear to have been most common and active. 

i Dt. 13 3b ' * The sudden transition to the plural perhaps indicates that these vss. are a 
later insertion. The Gk. has the plural in 3a . Possibly the variations are simply scribal 
errors. 

k 13 4 Lit., cling to. 

1 13 s Or, rebellion. 

m 13 7 The reference is primarily to the Assy, and Bab. cults which came in during the 
days of Manasseh and the exile. The Heb. has the plural in the first part of the vs. 

* 13 1S So Gk. The Heb. adds awkwardly, and its cattle with the edge of the sword. 

99 



Dt. 1S*«] CRIMES AGAINST JEHOVAH 

Deitieronomic Codes 

into the midst of its open space and shall burn with fire the city and all its 
spoil as a whole burnt-offering to Jehovah thy God; and it shall remain a 
heap forever, it shall never be rebuilt. 17 Let nothing of the devoted thing 
clinfi to thy hand, that Jehovah may turn from his hot anger and show mercy 
to thee, and that in his mercy he may make thee great, as he promised with 
an oath to thy fathers, 18 if thou wilt listen to the voice of Jehovah thy God 
by keeping ail his commands which I am giving thee to-day and by doing 
what is right in his sight. 

8 59 Idolatry, Ex. 34-, 20'", '*-« Dt. 5--» 16". « U" 1" W\ 4^ 8 , 

Lev. 19 4 , 26 1 

Primitive Codes 
Prohi- Ex. 34 17 Thou shalt make thee no molten gods. 
bition Ex. 20 23b Gods of silver and gods of gold thou shalt not make for thy- 

teiT self.P 
idols 

Dcuteronomic Codes 
Of im- Dt. 5 8 Thou shalt not make for thyself a graven imaged nor any likeness 
T" of of anything that is in heaven above, or that is on the earth beneath, or is in 
the water under the earth; 9 thou shalt not worship them nor serve them; 
for I Jehovah thy God, am a jealous God, one who visits the iniquity of the 
fathe'rs upon the children and upon the third and fourth generations of 
those who hate me, 10 but one who shows favor to thousands of those who 
love me and keep my commandments. 1 " 

16 21 Thou shalt not plant an asherah, 3 which thou shalt make of any kind 

Z of tree, beside the altar of Jehovah thy God; 22 neither shalt thou set up a 

3 pillar which Jehovah thy God hateth. 

Tode- 12 lf These are the statutes and the judicial decisions which ye sha 1 

■ft? faithfully observe in the land which Jehovah, the God of thy fathers hath 

given thee as a possession, all the days that ye may live upon the earth. \e 



all 

kinds 



• (fall 



then 
shrines 

and 



o 13 16 Lit., a tel, i. e., a mound made by ruins. x* t i,_ 

bols * 59 From their ancestors the Hebrews inherited the primitive custom of representing the 

Deity in wood or stone. The oldest idols appear to have been sacred stones, in which the god 
,V! Lnnn.ed to dwell In time these were cut into the shape of animals or human beings. 
M&LffFSSSi; Judg Ti7, tfce family god in Davids home. I Sam. 19" the calves overlaid 
with cold m tne royal sanctuary of Northern Israel, and the silence of the earlier prophets all 
in, iicffe tlri t dolit v was not absolutely forbidden by Israels early teachers Gradual^, 

over a" he Conception of the Deity broadened and the evils inherent in idolatry became 
a arent Jhe peo T ,le began to view these popular symbols with suspicion. H<m s,, akfl 
scornfuhy of the calf of Samaria, 10*; by the time of Josiah idols were f placed ^J^ 6 ^ 

The commands of the successive codes record the development <* * h f ^^j ideal 
First the expensive molten gods, probably made by foreign craf tsmen ™\i™™% n %\ ¥% 
heathen models, were forbidden. Finally in the prophetic decalogue of Ex 20 and Dt. 5 a 1 
forms of id-Is are absolutely discarded. The law is made very explicit to eliminate all possi 

bUit ? &?aS» Heb., for yourselves; but the original form was probably in the rinsrular M 

in the following vs. The plural is apparently due to the influence of the plural in the later 

Bddi i i Dt. i 68 5 The original command probably consisted simply of this first sentence. The rest 

is explanatory and hortatory. 

r Dt. o 8 " 10 The duplicate is found in Ex. 20 4 " fi . f »u 00( ,r<»H trws 

• Dt! 16 2 » /. e., one of the sacr.d poles, reared probably as symbols of the sacred trees, 

worshipped in ancient times. 

100 



IDOLATRY [Dt. 12 2 

Dcuteronomic Codes 

shall destroy all the places in which the nations, that ye shall dispossess, 
served their gods, upon the high mountains and upon the hills and under 
every green tree; 3 and ye shall break down their altars, and dash in pieces 
their pillars, and burn their asherahs with fire; and ye shall hew down the 
graven images of their gods; and ye shall destroy their name out of that 
place. 4 To Jehovah your God ye shall not do as they do*. 

7 5 Thus shall ye do to them : ye shall break down their altars, and dash 
in pieces their pillars, and hew down their asherahs, and burn their graven 
images with fire. 

2 7 15 Cursed be the man who makes a graven or molten image, an abom- Public 
ination to Jehovah, the work of the hands of the craftsman, and setteth it demna- 
up in secret. And all the people shall answer and say, So may it be. tion 

4 15 Take good heed to yourselves — for ye saw no manner of form in the Reasons 
day that Jehovah spoke to you in Horeb out of the midst of the fire u — 16 lest ^/ 
ye corrupt yourselves, and make for yourselves a graven image in the form israei- 
of a statue, the likeness of male or female, 17 the likeness of any beast that should 
is on the earth, the likeness of any winged bird that flieth in the heavens, no ^dois 
ls the likeness of anything that, creepeth on the ground, the likeness of any 
fish that is in the water under the earth; 19 and lest thou lift up thine eyes to 
heaven, and when thou seest the sun and the moon and the stars, even all the 
host of heaven, thou be drawn away and worship them, and serve these objects 
which Jehovah thy God hath allotted to all the peoples under the whole 
heaven. 20 But you Jehovah hath taken and brought forth from the iron 
furnace, out of Egypt, that you may be a people, his own inheritance, as you 
now are. 21 Moreover Jehovah was angry with me because of you, and swore 
that I should not go over the Jordan and that I should not go in to that 
good land, which Jehovah thy God giveth thee as an inheritance; 22 but I 
must die in this land, I cannot go over the Jordan; but ye shall go over and 
possess that good land. 23 Take heed to yourselves, lest you forget the cove- 
nant of Jehovah your God, which he made with you, and make for yourselves 
a graven image in the form of anything which Jehovah thy God hath forbid- 
den thee. 24 For Jehovah thy God is a devouring fire, a jealous God ! 

25 When children, and children's children shall be born, and ye shall have Exile 
been long in the land, and shall corrupt yourselves, and make a graven penalty 
image in the form of anything, and shall do that which is evil in the sight of . f o r 
Jehovah thy God, to provoke him to anger, 26 I call heaven and earth to 
witness against you this day, that ye shall soon perish completely from the 
land which ye are going over the Jordan to possess; ye shall not remain many 
years upon it, but shall be completely destroyed. 27 Jehovah will also scatter 
you among the peoples, and only a small number of you shall be left among 
the nations, among whom Jehovah shall lead you away. 28 And there ye 
shall serve gods, the work of men's hands, wood and stone, which neither 
see nor hear nor eat nor smell. 

* Dt. 12 4 /. e., worship him at the same places and with the same rites. 
u Dt. 4 15 This and the following vss. also belong to a later stratum in the Deuteronomic 
codes. 

101 



Lev. U)-i] CRIMES AGAINST JEHOVAH 

Holiness Code 

Jeho- Lev. 19 4 Turn not to idols, v nor make for yourselves molten gods : I am 

j^ t '' Jehovah your God. 

idols. 26 *Ye shall make you no idols, nor shall ye erect for yourselves a graven 

true image or a pillar, nor shall ye set up any figured stone in your land, to bow 
crfwor- down to it : for I am Jehovah your God. 

ship 

§ 60. Sorcery and Divination, Ex. 22 18 , Dt. 18 914 , Lev. 18 3 . 2i , 20 23 . 27 , 19 20b . 31 , 20 6 
Primitive Codes 
Death Ex. 22 18 A sorceress shall not live. w 

for the 
sorcer- 
er Deuteronomic Codes 

No Dt. 18 °When thou comest into the land which Jehovah thy God is 

hea? ° f aDOU t to give thee, thou shalt not learn to imitate the abominations of these 

then nations. 10 There shall none be found with thee who maketh his son or his 

Btition daughter to pass through the fire, or who obtaineth oracles by lot, or a diviner, a 

toler- or one wno observeth omens, b or a sorcerer, n or a charmer, or a medium, 

ated or a wizard, or a necromancer. 12 For whoever doeth these things is an 

abomination to Jehovah; and because of these abominations Jehovah thy 

God is driving them out before thee. 13 Thou shalt be perfect with Jehovah 

thy God. 14 For these nations, that thou shalt dispossess, give heed to those 

who practice augury and to diviners; but as for thee, Jehovah thy God hath 

not permitted thee so to do. 

Holiness Code 

To Lev. 18 3 Ye shall not imitate the customs of the land of Egypt, in which 

alihea- ve dwelt, nor the customs of the land of Canaan, whither I am bringing you; 

then neither shall ye follow their established usages. 24 Defile not yourselves in 

toms any of these ways, for in all these ways have the nations which I am casting 

out from before you defiled themselves. 20 23 And ye shall not follow the 

established usages of the nations/ 1 which I am casting out before you; for 

they did all these things; therefore I abhorred them. 

Death 27 A man or a woman who is a medium or a wizard shall surely be put 

to all 

medi- 

urns 

and v Lev. 19 4 Or, do not regard unreal gods; lit., unreal thing. The later priestly writers 

wizards frequently use this contemptuous term as a synonym of idol. 

§ 60 In I Sam. 28 9 it is stated that Saul drove out the wizards and mediums from his 
kingdom, but in his last extremity Israel's first king is represented as resorting to one of the 
representatives of the occult arts. The better sense of Israel's prophets and lawgivers re- 
volted against these survivals of a heathen past, as did also the more enlightened leaders of 
Assyria and Greece. The sorceress with her evil craft probably represents these cults in the 
primitive codes; but in Dt. they are all classed together and placed under the ban of divine 
disapproval. 

w Ex. 22 18 R. V., thou shalt not suffer a sorceress to live, but the above trans, is supported 
by the Heb., and the fact that the second person is not used in the context of the civil deca- 
logues, cf. Introd., p. 23. 

» Dt. 18 10 The exact form of divination is not known. Possibly it was by examining the 
form of the liver of sacrificial animals, as among the Babylonians and many ancient peoples. 
»>Dt.l8 10 Probably the flight of birds. 
c Dt. 18 n Gk., ventriloquists, cf. I Sam. 28. 
d Lev. 20^ So Sam., Gk., Syr. and Targ. Heb., nation. 

102 



SORCERY AND DIVINATION [Lev. 18 27 

Holiness Code 

to death; ye shall stone them e ; they shall be responsible for their own 
death. 

19 26b Ye shall not practise augury or divination. 

31 Turn ye not to those who are mediums or wizards; seek them not out 
to be defiled by them : I am Jehovah your God. 

20 6 Against the person who turns to those who are mediums or wizards, 
to practise apostasy f with them, I will indeed set my face, and I will cut him 
off from among his people. 

§61. Sacrifice of Children to Heathen Gods, Dt. 12 29 - 31 , 18 10a , Lev. 18 21 », *0 2 - 5 

Deuteronomic Codes 

Dt. 12 29 When Jehovah thy God shall cut off the nations from before Not to 
thee, which thou art going in to dispossess, and thou hast dispossessed ™e tote 
them and dwellest in their land, 30 take heed to thyself that thou be not en- hideous 
snared after them, when they have been destroyed from before thee, and that 
thou inquire not after their gods, saying, How do these nations serve their 
gods ? even so will I do likewise. 31 Thou shalt not do thus to Jehovah thy 
God; because every abomination which Jehovah hateth have they done to 
their gods; for even their sons and their daughters do they burn in the fire 
to their gods. 18 10a None who maketh his son or his daughter to pass through 
the fire shall be found with thee. 

Priestly Codes 

Lev. 18 21a And thou shalt not give any of thy offspring to make them Death 
pass through the fire to Molech. 20 2 Moreover, thou shalt say to the penalty 
Israelites, Any one of the Israelites or of the aliens who reside in Israel, who 
giveth of his offspring to Molech, shall surely be put to death; the people of 
the land shall stone him. g 3 I will also turn against h that man and will cut 
him off from among his people; because he hath given of his offspring to 
Molech, to defile my sanctuary and to profane my holy name. 4 And if the 
people of the land do at all shut their eyes to that man's doings, when he 
giveth of his offspring to Molech, and fail to put him to death, 5 then I will 
turn against that man and his family, and will cut him off, and all from 
among their people who follow after him to practice apostasy 1 with Molech. 

e Lev. 20 27 So Gk. Heb., they shall be stoned. 

f Lev. 20 6 Lit., play the harlot after, i. e., be disloyal to Jehovah. 

§ 61 Human sacrifice was apparently a common practice among the ancient inhabitants 
of Palestine. The many skeletons of children found in the temple precincts of the ruins at 
Gezer and Taanach and the frequent allusions to it in the O.T. confirm this conjecture. The 
ancient Hebrews shared the Canaanitish belief that every first-born child belonged to the 
Deity. In the times of calamity the first impulse in the minds of the people was to win Je- 
hovah's favor by human sacrifice, Mi. 6 7 . When heathen influence was strong, as in the days 
of Ahaz and Manasseh, the same barbarous practice came into vogue. In the valley of Hinnom 
to the south of Jerusalem the Hebrews had been wont to burn their sons and their daughters 
in the fire, Jer. 7 31 - 32 , 19 5 , Ps. 106 37 - 38 . These references suggest, however, that the crime 
was committed in the later days only in the name of Baal or Molech (or Milk, King). The 
expression, to make to pass through the fire, appears to refer to the same rite, probably designat- 
ing some peculiar form of human sacrifice. 

e Lev. 20 2b This seems to be taken from the Holiness Code. 

h Lev. 20 3 Heb., set my face against. So in 5 . 

> Lev. 20 5 Lit., play the harlot; as elsewhere, ceremonial rather than social crimes are 
evidently in the mind of the author. 

103 



Ex. 22 28 "] CRIMES AGAINST JEHOVAH 

§ 02. Blasphemy, Ex. 22"' [20 7 ], Dt. 5", Lev. 19 12 , 18 21b , 24 l5b - l9 - 10 - 13 . ■ 
Primitive Codes 
Not to Ex. 22 28a Thou shall not revile God. 

revile 

Deuteronomic Codes 

Not to Dt. 5 u Thou shalt not invoke the name of Jehovah thy God falsely ,J 
Ejjf 1186 tor Jehovah will not hold him guiltless who taketh his name falsely. 



name 



Holiness Code 



Not to Lev. 19 12 Ye shall not swear by my name falsely, so as to profane the 
P t rofane name of thy God: I am Jehovah/ 

18 21b Thou shalt not profane the name of thy God : I am Jehovah. 
Penalty 24 lf,b Whoever curseth his God shall bear the consequences of his sin. 
bias- 16 And he who blasphemeth the name of Jehovah, shall surely be put to death; 
phemy all the congregation shall surely stone him; the resident alien, as well as the native, 
when he blasphemeth the Name, shall be put to death k . 

Supplemental Priestly Codes 

Atradi- Lev. 24 10 The son of an Israelitish woman, whose father was an Egyp- 
case al ti an ' went out among the Israelites; 1 and the son of the Israelitish woman 
and a man of Israel strove together in the camp, u and the son of the Israel- 
itish woman blasphemed the Name and reviled; and they brought him to 
Moses. And his mother's name was Shelomith, the daughter of Dibri, of 
the tribe of Dan. 12 And they put him in prison until Jehovah's will should 
be disclosed to them. 
Public 13 Then Jehovah commanded Moses, Lead him who hath reviled outside 
the" nS the camp; and let all who heard him lay their hands on his head; then let all 
penalty the congregation stone him. 23 So Moses spoke to the Israelites, and they 
led him who had reviled outside the camp and stoned him. Thus the Israel- 
ites did as Jehovah commanded Moses. 

§ 63. False Prophecy, Dt. 18 18 - 22 
Deuteronomic Codes 

Death Dt. 18 18 A prophet like Moses will I raise up to them from time to time 
penalty from their fellow countrymen; I will put my messages in his mouth, and he 
shall speak to them all that I command him. 19 And if any one will not give 
heed to my words w r hich he shall speak in my name, I will exact punishment 
of him. 20 But the prophet who shall presume to deliver a message in my 
name, which I have not commanded him to deliver, or shall speak in the 
name of other gods, that prophet shall die. 

1 Dt. 5" Cf. Ex. 23 1 Take up a false report. \u. 23 7 , Ps. l.V. SI-', 10'. 24», He who hath 
not lifted up his soul to falsehood or sworn deceitful!'/. Also Is. 5 1S . Ezek. 12 21 , 13 r " 9 . The 
idiom seems to menu to desecrate the name of God by swearing to what is not true, or by cursing 
another, or in connection with any form of sorcery or witchcraft. 

k Lev. 24"' 1 ' Evidently a scribal addition, for if has an expression, congregation, not 
found in the Holiness Code and is but a duplicate of 18 ». 

1 I,cv. 24 in,:i ' -'' A precedent introduced by a late priestly editor. 

§ 03 Cf. note § 50. 

10 i 



FALSE PROPHECY [Dt. 18 21 

Deuteronomic Codes 

21 And if thou shalt think to thyself, How shall we recognize the message Test of 
winch Jehovah hath not spoken ? 22 then know that if a prophet speak in p r r o P h- 
the name of Jehovah, and the prediction be not fulfilled, follow not, nor e °y 
come to pass, that it is a prediction which Jehovah hath not spoken. The 
prophet hath spoken it presumptuously; thou need not be afraid of him. 

§ 64. Desecration of Sacred Things, Lev. 19 30b , 22 3b , Nu. 18 22 , 3 38b , 4 17 - 20 

Lev. 7 20 - 21 
Holiness Code 

Lev. 19 30b Reverence my sanctuary: I am Jehovah. Temple 

22 Sblf 111 any man among yourselves or your descendants 11 approach the Exclu- 
holy things which the Israelites have consecrated to Jehovah, having his affbut 
uncleanness upon him, that one shall be cut off from my presence : I am ^ eats 
Jehovah. 

Priestly Codes 

Nu. 1 8 22 Henceforth the Israelites shall not come near the tent of meeting, 
lest they bear the consequences of their sin and die. 

Supplemental Priestly Codes 

Nu. 3 38b The stranger that cometh near the dwelling shall be put to death. Death 
4 17 And Jehovah spoke thus to Moses and Aaron, 18 Cut ye not off the penalty 
tribe of the families of the Kohathites from among the Levites; 19 but thus do 
to them, that they may live and not die, when they approach the most holy 
things : Aaron and his sons shall go in, and appoint each of them to his 
service and to his burden; 20 but they shall not go in to see the holy things 
even for a moment, lest they die. 

Priestly Codes 

Lev. 7 20 One who eateth of the flesh of the peace-offerings which belong Penalty 
to Jehovah, having his uncleanness upon him, shall be cut off from his people, lining" 
21 And when any one toucheth an unclean thing, the uncleanness of man, or sacred 
an unclean beast, or any unclean swarming creature, and eateth of the 
flesh of the sacrifice of peace-offerings, which belong to Jehovah, that one 
shall be cut off from his people. 

§65. Labor on the Sabbath, Ex. 34 21 , 23 12 [20 8 - u ],Dt. 5 12 ' 15 , Lev. 19 3b c 20a] , 26 2a , 

Ex. 35 2 - 3 , 31 13b - 17 , Nu. 15 32 ' 36 
Primitive Codes 

Ex. 34 21 Six days thou shalt work, but on the seventh day thou shalt Rest 
rest; in plowing time and in harvest thou shalt rest. labor* 1 

§ 64 These laws are peculiar to the exilic and post-exilic codes in which the sanctity of 
holy things is especially emphasized. 

m Lev. 22 3b A scribe has appended, Say to them. 

■Lev. 22 3b Lit., throughout your generations; this is evidently a glosa. 

° Lev. 7 21 So the Gk., Syr., and San., Heb., detestable thing. 

§ 65 In the oldest codes the sabbath rest is simply enjoined for social and humane reasons. 
Nor until it was made a religious institution by later Judaism, was labor on that day punished 

105 



Ex.23 12 ] CRIMES AGAINST JEHOVAH 

Prim it ice Codes 

23 '-'Six davs thou shalt do thy work, but on the seventh thou shalt rest, 
that thine ox and thine ass may have rest, and that the son of thy female 
slave and the resident alien may be refreshed. 

Devteronomic Codes 

Dt. ."> l2 Observe the sabbath day to keep it holy, as Jehovah thy God 

t . r ; l r *.Vit commanded thee. 13 Six days thou shalt labor, and do all thy work; 14 but 

f,)r , the seventh day is a sabbath to Jehovah thy God; in it thou shalt do no work, 

ing thou, nor thy son, nor thy daughter, nor thy male or female slave, nor thine 

JjJJf 1 ox. nor thine ass, nor any of thy cattle, nor the alien who resideth within thy 

man city, that thy male and female slave may rest as well as thou. 15 Thou shalt 

also remember that thou wast a slave in the land of Egypl and that Jehovah 

thy God brought thee out from there by a mighty hand and an outstretched 

arm; therefore Jehovah thy God commanded thee to keep the sabbath day. p 

Holiness Code 
To be Lev. 19 3b Ye shall keep my sabbaths: I am Jehovah your God.Q 
26 2a Ye shall keep my sabbaths and reverence my sanctuary. 

Priestly Codes 
Death Ex. 35 2 Six days shall work be done; 1 " but on the seventh ye shall have 
5° h one a day consecrated to Jehovah, a sabbath of complete rest; s whoever doeth 
labors any work in it shall be put to death. 3 Ye shall kindle no fire in any of your 
hovah'a dwellings on the sabbath. 

day 

Supplemental Priestly Codes 

Sab- Ex. 31 13b Ye shall surely keep my sabbaths, for it is a sign between me 

the sign and you throughout your generations; that ye may know that I am Jehovah 

of the w h am sanctifying you.* 14 Ye shall keep the sabbath, therefore, for it is holy 

riant" to you; every one who profaneth it shall surely be put to death; for whoever 

jjjeen doeth any work in it, that one shall be cut off from among his people. 15 Six 

Jeho- jays sna n work be done, u but on the seventh day is a sabbath of complete 

and his rest, holv to Jehovah; whoever doeth any work on the sabbath, shall surely be 

le put to death. 16 Therefore the Israelites shall keep the sabbath, by observing 

the sabbath throughout their generations, as a perpetual covenant. 17 It is 

a sign between me and the Israelites forever, for in six days Jehovah made 

heaven and earth, and on the seventh day he rested and was refreshed. v 

Nu. 15 32 While the Israelites were in the wilderness, they found a man 

; l! gathering sticks on the sabbath. ^And those who found him gathering 

as a crime. The traditional precedent of Nu. 15 82 - 88 is one of the latest additions to the Pen- 
tateuch. Cf. notes SS 210, 217. . 

pDt. 5 12 - u The version of Ex. 20 sn is nearly identical. 

i Lev. I9 ib This injunction is repeated in -"''• 

'Ex. 35 s Gk. and Sam.. shalt thou- work. 

• Ex. 35 2 Or. cf. L6 28 and :i! ' \ a dan holy to Jehovah, a sabbath of solemn rest. 

1 Ex 31 nb , While these vss. have many of the idioms and ideas of the Holiness Code, 
•hey abound in the expressions peculiar to the later additions to the priestly codes, lor an 
attempt to distinguish the earlier nucleus, cf. § 217. 

" Ex. -^ 1 1 • < :k. . shalt thou work. 

< Ex. .'31 17 Cf. (Jen. 2'. ; . 

106 



dent 



LABOR ON THE SABBATH [Nu. 15 33 

Supplemc?ital Priestly Codes 

sticks brought him to Moses and Aaron and to all the congregation. 34 And 
they put him in confinement, because it had not been clearly explained what 
should be done to him. 35 Then Jehovah said to Moses, The man shall 
surely be put to death; all the congregation shall stone him outside the camp. 
36 So all the congregation led him outside the camp, and stoned him to death, 
as Jehovah commanded Moses. 



II 
CRIMES AGAINST THE STATE 

§ 66. Bribery, Ex. 23 8 , Dt. 16 19b , 27 25 
Primitive Codes 

Ex. 23 8 Thou shalt take no bribe, for a bribe blindeth those who see, Pro- 
and perverteth the cause of the righteous. hibition 

Devieronomic Codes 

Dt. 16 19b Thou shalt not take a bribe, for a bribe blindeth the eyes of 
the wise and subverteth the cause of the righteous. 

27 25 Cursed be he who taketh a bribe to condemn an innocent person. Public 
And all the people shall say, So let it be. damna- 

tion 
§ 67. Perverting Justice, Ex. 23 1 - 3 . 6 - \ Dt. 16 19a . 20 , Lev. W^ 3 ^ 

Primitive Codes 

Ex. 23 x Thou shalt not spread abroad a a false report. Do not enter Not to 
into a conspiracy with b a wicked man to be an unrighteous witness. 2 Thou f^fce 
shalt not follow the majority in doing WTong. Thou shalt not bear testimony either 
in a case, c so as to pervert justice. 3 Thou shalt not show partiality to a ness or 
poor man in his cause. 6 Thou shalt not prevent justice being done to thy Judge 
poor in his cause. 7 Keep aloof from every false matter; and do not condemn 
the innocent d or him who has a just cause. Do not vindicate 6 a wicked man. 

Deideronomic Codes 

Dt. 16 19a Thou shalt not pervert justice. Thou shalt not show par- Abso- 
tiality. 20 Justice, and only justice shalt thou follow, that thou mayest live J^ti™! 
and inherit the land which Jehovah thy God giveth thee. »*y 

Crimes against the State. — Since in most criminal offences Jehovah or else, as in mur- 
der, the family of the slain was regarded as the plaintiff, few misdemeanors were classed in 
Heb. law as crimes against the state. They were limited simply to those acts which endanger 
the integrity of the public tribunals. 

a Ex. 23 1 Lit., take up. The same word is used in Ex. 20 7 . 

b Ex. 23 1 Lit., put thy hand with. 

c Ex. 23 2 Omitting the clause, to turn aside after the majority, which is apparently a ver- 
bal repetition of the preceding clause. Gk., so as to pervert justice. 

d Ex. 23 7 Lit., slay. 

e Ex. 23 7 Following the obviously superior reading of the Gk. and Sam. 

107 



Lev. l!) ir >] CRIMES AGAINST THE STATE 

Holiness Code 

Lev. 19 l5 Yc shall do no injustice in rendering a judicial decision. 
Thou shalt not show partiality to the poor nor have undue consideration for 
the powerful; but justly shalt thou judge thy neighbor. 

§ 68. Perjury, Dt. 5 20 [Ex. 20 16 ], Dt. 19 18 - 21 , Lev. 19 12 

Devteronomic Code 

Pro- Dt. 5 20 Thou shalt not bear false witness against thy neighbor. 

tubition iq i6jf a malicious witness stand up against a man to accuse him of 
mentto treason, 17 then both the men who have the dispute shall stand before Jehovah, 
spmfd before the priests and the judges who shall be officiating in those days; 18 and 
to the the judges shall thoroughly investigate, and should it prove that the witness 
of the is a false witness, and hath testified falsely against his fellow countryman, 
test?- 19 then shall ye do to him, as he had purposed to do to his fellow countryman; 
mony thus shalt thou purge away the evil from thy midst. 20 And those who re- 
main shall hear and fear, and never again do any such evil in thy midst. 
21 Thou shalt show no pity; life for life, eye for eye, tooth for tooth, hand for 
hand, foot for foot. 

Holiness Code 

Lev. 19 12 Ye shall not swear by my name falsely, so as to profane the 
name of thy God : I am Jehovah. 

§ 69. Deliberate Defiance of the Law, Dt. 17 12 . 13 , Nu. 15 30 . 31 

Dcutcronomic Codes 

Death Dt. 17 12 Should a man act so presumptuously as not to hearken to the 
penalty P r i est wno standeth to minister there before Jehovah thy God, or to the judge, 
that man shall die; thus thou shalt purge away the evil from Israel, 13 so that 
all the people may hear, and fear, and never again act presumptuously. 

Priestly Codes 

Nil. 15 30 A person who acts wilfully, whether he is a native or a 
resident alien, the same blasphemeth Jehovah; and that one shall be cut 
off from among his kinsmen. 31 Because he hath despised the word of 
Jehovah and hath broken his command, that one shall utterly be cut off; he 
shall bear the consequences of his iniquity. 

§ 68 Here the penalty enjoined in the Deuteronomic codes and that of Hammurabi is 
substantially the same: 

§ 3 //" a nxm has borne false witness in a trial, or has not established the statement that 
he has made, if that case be a capital trial, that man shall be put In death. § 4. // he has borne 
false witness in a civil law case, he shall pay the danxujes in that suit. 

§ 69 The law in Dt. \7 n - u deals simply with a case which had been decided by the cen- 
tral tribunal at Jerusalem. 

108 



ADULTERY [Dt. 5 18 

III 
CRIMES AGAINST MORALITY AND DECENCY 

§ 70. Adultery, Dt. 5 18 [Ex. 20 14 ], Dt. 22 22 - 24 , Lev. 18 20 , 20 10 , 

JyJ u Sjl2b, 13a, c, 15, 18, 21, 23, 24, 26a, 27b, 31 

Deuterojiomic Codes 

Dt. 5 18 Thou shalt not commit adultery. hibition 

22 22 If a man be found lying with a married woman, they shall both of Death 

them die, the man who lay with the woman and the woman; thus shalt thou penalty 

purge away the evil from Israel. 

23 If a man find in the city a young woman who is a virgin betrothed to Also in 

a husband, and lie with her, 24 then ye shall bring them both out to the gate a a be- of 

of that city and stone them to death, the damsel because she did not cry out, trothed 

VirfiTlD 

although she was in the city, and the man because he hath seduced his 
neighbor's wife; thus shalt thou purge away the evil from thy midst. 

Holiness Code 

Lev. 18 20 Thou shalt not enter into illicit intercourse with thy neighbor's Later 
wife to defile thyself with her. gg*£ 

20 10 If a man commit adultery f with his neighbor's wife, the adulterer 
as well as the adultrcss shall be put to death. 

Priestly Codes 

Nu. 5 12b If a man's wife turn aside g and is unfaithful to him, 13a ' c and a Proced- 
man enter into illicit relations with her and it be hid from her husband, and JJaseof 
there be no witness against her and she be not caught in the act, 15 then the a sus - 
man shall take his wife to the priest, and shall bring an offering for her, the wife 6 
tenth part of an ephah of barley meal; he shall pour no oil upon it nor put 
frankincense on it, for it is a cereal-offering of jealousy, a memorial cereal- 
offering, bringing iniquity to remembrance. 18 Then the priest shall place 
the woman before Jehovah, and loosen the hair of the woman's head, and 
put in her hands the memorial cereal-offering, which is the cereal-offering of 
jealousy, and the priest shall hold in his hand the water of bitterness which 
causeth the curse. 

21 Then the priest shall make the woman swear with the oath of execration, The 

oath of 

§ 70 Most primitive people dealt very severely with the crime of adultery. Thus the execra- 
code of Hammurabi decrees that: tlon 

§ 129 // a man's wife be caught lying with another, they shall be strangled and cast into 
the water. If the wife's husband would save his wife, the king can save his servant. 

The aim in all these laws was clearly to preserve intact the integrity and purity of the 
family and clan. The laxness of public opinion and modern laws in dealing with this most 
hideous of crimes, which condemns families and individuals to lives of unspeakable pain and 
ignominy, stands in disgraceful contrast to the attitude of the ancients who classed it with 
murder. 

1 Lev. 20 10 A scribe has added by mistake, with another man's wife, even he who commiltelh 
adultery. 

*Nu. 5 12b Cf. note § 10 for the reasons for the analysis here presented. This law is one 
©f the earlier sections of the priestly codes, but it evidently reproduces a very primitive custom. 

109 



\i. .v-'J 



CRIMES AGAINST MORALITY 



Priestly Codes 

and the priest shall say to the woman, Jehovah make you an execration 
and an oath among thy people, when Jehovah causeth thy thigh to fall 
away, and thy body to swell. 23 Then the priest shall write these execrations 
in a hook, and he shall wipe them off into the water of bitterness, 24 and he 
shall make the woman drink the water of bitterness that causeth the curse, 
so thai the water that causeth the curse may enter into her and become bitter. 
- ,1;l The priest shall also take a handful of the cereal-offering, as its memorial- 
offering, and burn it upon the altar. 27h Thus the woman shall become an 
execration among her people. 31 The man shall be free from guilt, but that 
woman must bear her own tfuilt. 



$71. Illicit Intercourse, Lev. 19'- 



Holiness Code 



Proced- Lev. 19 20 If any man lieth carnally with a woman, who is a slave, be- 
trothed to another man, but who has in nowise been redeemed nor given 
her freedom, there shall be a judicial inquiry, but they shall not be put to 
death, h because she was not free. 



ure 

in the 
case of 
a be- 
trothed 
female 
slave 



Priest! if Codes 

Lev. 19 21 The man shall bring his guilt-offering to Jehovah, to the 
entrance of the tent of meeting, a ram as a guilt-offering; 22 and the priest 
shall make atonement for him with the ram of the guilt-offering before 
Jehovah for his sin which he hath committed; then the sin which he hath 
committed shall be forgiven him. 



§ 72. Unlawful Marriage, Dt. 22 30 , 27 20 - 22 - 23 , Lev. 18 6 - 18 , 20 11 . 



12. 14. 17. 20. 21 



With 
step- 
mother 

Public 
con- 
demna- 
tion of 
incest 



Deideronomic Codes 

Dt. 22 30 A man shall not marry his father's wife, and shall not uncover 
his father's skirt. 

27 20 Cursed be he who lieth with his father's wife, because he hath un- 
covered his father's skirt. And all the people shall say, So may it be. 

22 Cursed be he who lieth with his half-sister, the daughter of his father, 
or the daughter of his mother. And all the people shall say, So may it be. 

23 Cursed be he who lieth with his mother-in-law. And all the people shall 
say, So may it be. 

Holiness Code 

With a Lev. 18 6 None of you shall approach any who are closely related to him, 
mother ^ uncover th e i r nakedness : I am Jehovah. 7 The nakedness of thy father 
sister anc j the nakedness of thy mother, shalt thou not uncover; she is thy mother; 



h Lev. 19 20 Or, he shall be examined, but he shall not die. 

§ 72 The Hammurabi code is in part parallel to the O.T. laws: 

§ 157 If a man, after his father's death, has lain in the bosom of his mother, they shall both of 
the in be burnt together. 

I I "X // a man, after his father's death, be caught in the bosom of his step-mother, who has 
borne < hildren, that man shall be cut off from his father's house. 



110 



UNLAWFUL MARRIAGE [Lev. 18 7 

Holiness Code 

thou shalt not uncover her nakedness. 8 The nakedness of thy father's wife 
shalt thou not uncover: it is thy father's nakedness. 9 The nakedness of 
thy sister, the daughter of thy mother, 1 whether born at home or away, her 
nakedness thou shalt not uncover. 

10 The nakedness of thy son's daughter or of thy daughter's daughter, their With a 
nakedness thou shalt not uncover, for their nakedness is thine own. n The fiaugh- 
nakedness of thy father's wife's daughter, begotten of thy father, who is thy *^ t 
sister, her nakedness thou shalt not uncover. 12 Thou shalt not uncover daugh- 
the nakedness of thy father's sister; she is thy father's near kinswoman, {^"or 
13 Thou shalt not uncover the nakedness of thy mother's sister, for she is thy ?£ter- 
mother's near kinswoman. 14 Thou shalt not uncover the nakedness of thy 
father's brother, thou shalt not approach his wife, she is thine aunt. 15 Thou 
shalt not uncover the nakedness of thy daughter-in-law ;J she is thy son's wife; 
thou shalt not uncover her nakedness. 16 Thou shalt not uncover the naked- With 
ness of thy brother's wife; it is thy brother's nakedness. 17 Thou shalt not m °other 
uncover the nakedness of a woman and her daughter; thou shalt not take and 
her son's daughter, or her daughter's daughter, to uncover her nakedness ; ter, or 
they are thy near kinswomen: it is unchastity. 18 And thou shalt not take daugh- 
a woman as your wife in addition to her sister, to be her rival, to uncover J er - or 
her nakedness, beside the other in her lifetime. sisters 

Lev. 20 n A man who lieth with his father's wife has uncovered his fa- Penal- 
ther's nakedness; both of them shall surely be put to death; they shall be differ^ 
responsible for their own death. 12 And if a man lies with his daughter-in- ^ ms 
law, both of them shall surely be put to death; they have done what is un- of 
natural; they shall be responsible for their own death. 

14 And if a man taketh a wife and her mother, it is unchastity ; they shall be 
burnt with fire, both he and they, that there may be no unchastity among 
you. 17 And if a man shall take his sister, whether his father's daughter, or 
his mother's daughter, k he hath uncovered his sister's nakedness ; he shall 
bear the consequences of his iniquity. 20 And if a man shall lie with his uncle's 
wife, he hath uncovered his uncle's nakedness ; they shall bear the consequences 
of their sin; they shall die childless. 21 And if a man shall take his brother's 
wife, it is impurity; he hath uncovered his brother's nakedness; they shall be 
childless. 

§ 73. Sodomy, Lev. 18 22 , 20 13 
Holiness Code 

Lev. 18 22 Thou shalt not lie with a man, as with a woman; it is an Pro- 
abomination. hibition 

1 Lev. 18 9 Cf. § 3 noted. 

J Lev. 18 15 The corresponding law of Hammurabi reads: § 155. // a man has betrothed 
a maiden to his son and his son has known her, and afterward the man has lain in her bosom, 
and been caught, that man shall be strangled and she shall be cast into the water. 

k Lev. 20 17 The Heb. adds a supplemental note providing for the punishment of both, 
and see her nakedness, and she see his nakedness, it is a disgrace; and they shall be cut off in 
the sight of the children of their people. Lev. 20 19 And thou shalt not uncover the nakedness 
of thy mother's sister, nor of thy father's sister, for he who does this has made naked his 
near kin; they shall bear the consequences of their iniquity is also an awkward gloss differing 
in style from the context. 

§ 73 For the origin of the term sodomy, cf. Gen. 19*- 8 . In antiquity it was apparently 
a common crime. 

Ill 



Lev. SO 13 ] CRIMES AGAINST MORALITY 

Holiness Code 
Death 20 l3 If a man licth with a man, as with a woman, both of them have com- 
penalty llutte( l an abomination; they shall surely be put to death; they shall be 

responsible for their own death. 

§ 74. Bestiality, Ex. 22"., Dt. 27 21 , Lev. 18 23 - 25 , 20 15 . ie , 18 19 , 20 18 
Primitive Codes 

Ex. 22 19 Whoever lieth with a beast shall surely be put to death. 

Deuteronomic Codes 
Death Dt. 2 7 21 Cursed be he who lieth with any manner of beast. And all the 

penalty I^°f )le sna11 sav > So ma y & be - 

Holiness Code 

Later Lev. 18 23 And thou shalt not lie with any beast to defile thyself with it, 

bitions llor sna ^ an y woman stand before a beast, to lie down to it; it is unnatural. 

24 Defile not yourselves in any of these ways for in all these ways the nations, 

which I am casting out before you, defiled themselves; 25 thus the land became 

defiled and I visited its guilt upon it and the land cast forth its inhabitants. 

20 15 If a man lieth with a beast, he shall surely be put to death and ye 
shall slay the beast. 16 And if a woman approach any beast to lie down 
with it, thou shalt kill the woman and the beast; they shall be put to 
death; their blood shall be upon them. 

18 19 Thou shalt not approach a woman to uncover her nakedness as 
long as she is impure through her monthly uncleanness. 

20 18 If a man shall lie with a woman having her sickness and shall un- 
cover her nakedness, 1 both of them shall be cut off from among their people. 

§ 75. Prostitution, Dt. 23 17 - ,s , Lev. 19 29 , 21 9 

Deuteronomic Codes 

Prohi- Dt. 2 '5 17 None of the Israelitish women or men shall become a temple 

, , , , f tlun prostitute. 111 ls Thou shalt not bring the hire of a harlot or the wages of such 

temple a j g m to the house of Jehovah thy God for any vow, for both these are an 

tutes abomination to Jehovah thy God. 11 

Holiness Code 
Penalty Lev. 19 29 Profane not thy daughter by making her a harlot, lest the land 
prieat'a fall into harlotry, and the land become full of unchastity. 

f) - 21 9 If the daughter of a priest profaneth herself by playing the harlot, 

she profaneth her father; she shall be burnt with fire. 

1 Lev. 20 ,s The Heb. adds what is probably a supplemental gloss, he has laid bare her 
fountain and she has uncovered the fountain of her blood. 
■ Dt. 23 17 The current rendering, sodomite is incorrect. 
"Dt. 2V~' ». Heb., 23 18 - '». 

112 



INDECENT ASSAULT [Dt. 25 11 

§ 76. Indecent Assault, Dt. 25 11 . 12 
Deuicronomic Codes 

Dt. 25 11 When men strive with one another, and the wife of the one Penalty 
draweth near to deliver her husband from the one who is attacking him, and ™on Ua " 
putteth forth her hand, and taketh him by his private members, 12 thou shalt 
cut off her hand; thou shalt show no pity. 

§ 77. Interchange of the Dress of the Sexes, Dt. 22 5 

Deuicronomic Codes 

Dt. 22 5 A woman shall not wear any article pertaining to a man, neither Prohi- 
all a man put on a woman's garr 
abomination to Jehovah thy God. 



shall a man put on a woman's garment, for whoever doeth these things is an ltlon 



§ 78. Unnatural Mixtures, Dt. 22»-» Lev. 19 19 
Deuicronomic Codes 

Dt. 22 9 Thou shalt not sow thy vineyard with two kinds of seed, lest the Prohi- 
whole be forfeited to the sanctuary; the seed which thou hast sown, and the JjJ^ase 
increase of the vineyard. 10 Thou shalt not plough with an ox and an ass to- of 6eed 
gether. n Thou shalt not wear stuff made of mixed wool and linen. 

Holiness Code 

Lev. 19 19 Ye shall keep my statutes. Thou shalt not let thy cattle breed In case 
with a different kind. Thou shalt not sow thy field with two kinds of seed, mat? 1 " 
and thou shalt not wear a garment of mixed goods. 

§ 79. Kidnapping, Ex. 21 16 5 Dt. 24 7 

Primitive Codes 

Ex. 21 16 He that stealeth a man, and selleth him, or if he still be found Death 
in his hand, the thief shall surely be put to death. penalty 

Deuteronomic Codes 

Dt. 24 7 If a man be found stealing any of his fellow Israelites, and he 
treat him as a slave or sell him, then that thief shall die; thus shalt thou purge 
away the evil from thy midst. 

§ 76 This is the one case in which the Heb. law countenances the mutilation of the cul- 
prit. The aim is to prevent by the severity of the judgment all immodest acts of which the 
present case is a type. 

° Dt. 22 9 Lit., become sacred. 

§ 79 The Code of Hammurabi is equally severe in punishing this heinous crime: § 14. // 
a man has stolen a child, he shall be put to death. § 15. If a man has induced either a male 
or female slave from the house of a patrician or plebeian to leave the city, he shall be put to death. 

113 



Dr. 5 21 ] CRIMES AGAINST MORALITY 

§ 80. Covetousness, Dt. 5 21 [Ex. 20 17 ] 

Dcideronomic Codes 

Prohi- Dt. 5 2l Thou shalt not covet thy neighbor's wife, neither shalt thou de- 
bltlou sire thy neighbor's house, his field, or his male or female slave, his ox, or hi9 
ass, or anything that is thy neighbor's. 

§ 81. Lying, Lev. 19 llb 
Holiness Code 

Prohi- Lev. 19 llb Ye shall not lie to one another. 

bitioQ 



IV 
CRIMES AGAINST THE PERSON 

§ 82. Dishonoring Parents, Ex. 21 15 . 17 [20 12 , Dt. 5 16 , 21 18 - 21 , 27 16 , Lev. 19 s *. 20 9 ] 
Primitive Codes 

Penalty Ex. 21 15 He that striketh his father or his mother shall be put to death. 
Seme 17 He that curseth his father or mother shall be put to death. 

cases 

§ 83. Murder, Ex. 21 1214 . 20 21 , Dt. 5 17 [Ex 20 13 ], Dt. 19 1113 , Lev. 24 17 - 21b , 
Gen. 9 5 6 , Nu. 35 u - 34 

Primitive Codes 

Penalty Ex. 21 12 If a man strike another so that he die, the manslayer shall be 
ing°to put to death. 13 If a man lie not in wait, but God deliver him into his hand, 
intent then \ w ill appoint thee a place to which he may flee. 14 If a man attack 

§80 The original injunction probably read, simply, thou shalt not covet; the different 
codes have variously expanded it, in defining its application. Ex.20 17 reads. Thou shalt 
not covet thy neighbor's house, thou shalt not covet thy neighbor's wife, nor his male or female 
servant, nor his ox, nor his ass, nor anything that is thy neighbor's. Like the law of love 
in Lev. 19, it is one of the few enactments which define, as did Jesus, individual responsibility 
for the motives as well as the resulting acts. 

§81 This law is in striking contrast to the oriental attitude toward telling the truth, 
which is expressed by the popular proverb, .1 lie in the wilt of a mini. 

§82 For the additional laws under this head cf. § 1. The Deuteronomic codes provide 
that the parents must present to the elders of the city a formal charge against their son, and 
then that the community stone him to death. The Holiness Code simply reiterates the in- 
junction of the primitive codes. For the corresponding regulations in the Code of Hammurabi, 
cf. note § 1. It also enacts that: § 195. // a son has struck his father, his hands shall be cut 
off. 

§83 The Heb. laws aimed thoroughly to protect the innocent, as well as to punish the 
guilty. Each succeeding law sought more carefully to correct the abuses incidental to the 
pervading law of blood revenge and to guard only tho<e who had committed unintentional mur- 
der. At the same time the responsibility for punishing a murderer is left not with the state 
but with the relatives of the slain. Cf. note § 53 for a discussion of the cities of refuge and 
Josh. 20 7 ' 8 for the late priestly list of these cities. The detailed law in Nu. 35 1 *-** is intro- 
duced in a verv late priestly section, which, contrary to the earlier priestly codes. Nu. 18 20 ' -', 
assigns forty-eight cities to the Levites. The linguistic evidence also indicates that it is one 
of the latest additions to the O.T., cf. note § 160. 



MURDER [Ex. 21 14 

Primitive Codes 

another maliciously to slay him by treachery, thou shalt take him from my 
altar, that he may be put to death. 

20 If a man strike his male or female slave with a stick so that he die at In case 
once, the master must be punished. 21 If, however, the slave survive a day gi f ave3 
or two, the master shall not be punished, for it is his own loss. 

Deuteronomic Codes 

Dt. 5 17 Thou shalt not kill. 

19 X1 lf any man hate his neighbor, and lie in wait for him, and attack No 
him and strike him mortally so that he die, and the murderer flee into one asylum 
of the cities of refuge, 12 the elders of his city shall send and bring him and for ] t t he 
deliver him into the hand of the avenger of blood, that he may die. 13 Thou 
shalt have no mercy on him, but thou shalt purge away the innocent blood 
from Israel, that it may go well with thee. 

Holiness Code 

Lev. 24 17 He that smiteth any man mortally shall surely be put to death. Life for 
21b He that killeth a man shall be put to death. life 

Priestly Codes 

Gen. 9 5 Surely your own blood will I require; from every beast will I 
require it, and at the hand of every man, even at the hand of every man's 
brother, will I require the life of man. 6 He that sheds man's blood, by 
man shall his blood be shed, for in the image of God made he man. 

Supplemental Priestly Codes 

Nu. 35 14 Ye shall set apart three cities beyond the Jordan, and three Cities 
cities shall ye set apart in the land of Canaan; they shall be cities of refuge, rlfuge 
15 These six cities shall be for refuge for the Israelites and for the resident 
alien and the one who hath settled among them, that every one who hath 
killed another unintentionally may flee to them. 

16 But if he smote him with an iron weapon, so that he died, he is a mur- Laws 
derer; the murderer shall surely be put to death. 17 If he smote him with applied 
a stone such as can be held in the hand, whereby a man may die, so that he in , 9 aae 
died, he is a murderer; the murderer shall surely be put to death. 18 Or if tention- 
he smote him with a weapon of wood such as can be held p in the hand, Jet" 111 " 
whereby a man may die, so that he died, he is a murderer; the murderer 
shall surely be put to death. 19 The avenger of blood shall himself put the 
murderer to death; when he meeteth him, he shall put him to death. 20 If 
he pushed him through hatred, or hurled anything** at him insidiously, so 
that he died, 21 or in enmity smote him with his hand, so that he died, he 
who smote him shall surely be put to death; he is a murderer; the avenger 
of blood shall put the murderer to death, when he meeteth him. 

p Nu. 35 18 So Gk. and Sam. 

<i Nu. 35 20 So Gk. Heb. omits, anything. 

115 



Nu. :r>-] CRIMES AGAINST THE PERSON 

Supplemental Priestly Codes 
incase 22 But if he pushed him inadvertently and not out of enmity, or hurled at 
ridental him anything without Lying in wait, 23 or cast at him, without seeing him, 
bom- any stone whereby a man may die, so that he died, and he had not been his 
enemy nor sought His harm, 24 then the congregation shall judge between 
the smiter and the avenger of blood according to these ordinances. 25 Thus the 
congregation shall rescue the manslayer from the hand of the avenger of 
blood, and the congregation shall send him back to his city of refuge, whither 
he had fled, that he may dwell therein until the death of the high priest, 
who was anointed with the holy oil. 2G But if the manslayer shall at any 
time go beyond the border of his city of refuge, whither he fled, 27 and the 
avenger of blood find him without the border of his city of refuge, and the 
avenger of blood slay the manslayer, he shall not be guilty of blood, ^be- 
cause he should have remained in his city of refuge until the death of the 
high priest; but after the death of the high priest the manslayer may re- 
return to his own land. 
Safe- 29 These shall serve as a statute and regulative ordinance for you through- 

guards out y OUI . g ene rations in all your dwellings. 30 In every case of murder the 
justice murderer shall be put to death on the testimony of witnesses; on the testi- 
Srder mony of but one witness, however, shall no one suffer death. 31 Moreover 
ye shall take no ransom for the life of a murderer who is guilty of death, 
but he shall surely be put to death. 32 And ye shall take no ransom for him 
who hath fled to his city of refuge, that he may return to dwell in the land, 
until the death of the high 1- priest. 33 So ye shall not pollute the land wherein 
ye dwell, 8 for blood especially polluteth the land, and no expiation can be 
made for the land for the blood 'that is shed therein but by the blood of him 
who shed it. 34 So ye* shall not defile the land which ye inhabit, in the 
midst of which I dwell; for I, Jehovah, dwell in the midst of the Israelites. 

§ 84. Assault, Ex. 21 15 - 18 . 26 - 27 , Dt. 27 24 , Lev. 24 19 
Primitive Codes 
Penalty Ex. 21 15 He that striketh his father or his mother shall surely be put to 

Sft. death. 

parent I8jf men CO ntend and one strike the other with a stone or a club, u and he 
do not die, but is confined to his bed, then, if he rise again, and can walk out 
supported on his stnff, the one who struck him shall be acquitted; only he 

fight must pay for the loss of the other man's time until he is thoroughly healed. 

injury 20 If a man strike his male or female slave in the eye, so as to destroy it, 

sfave he shall let him go free because of the loss of his eye. 27 If he knock out his 



For in- 
jury in 
flicted 
in a 



'Nu. 35 32 So Gk., Sam., and Svr. The Heb. omits, high. 

" Nu. .'-".."i^ So Gk., Sam., and Svr. The Heb. has no verb. 

• Nu. 35 w So Gk., Sam., and Syr. The Heb. has. thou shall. 

» Ex. 21 18 Or, fist. So Gk.; but the Targs. interpret, club, and this js best supported by 
the context. 

§ 84 For the corresponding detailed laws of Hammurabi cf. Appendix VI. In both the 
Heb. and Bab. systems the lex talionU is still in force, although the tendency to substitute a 
milder penalty is apparent, and always when the victim is a slave. 

116 



ASSAULT [Ex. 21 27 

Primitive Codes 

male or female servant's tooth, he shall let him go free because of the loss of 
his tooth. 

Deuteronomic Codes 

Dt. 2 7 24 Cursed be he that smiteth his neighbor in secret. And all the Public 
people shall say, So may it be. demna- 



con- 
demi 
tion 



Holiness Code 

Lev. 24 19 If a man disfigureth his neighbor, as he hath done, so shall it Penalty 
be done to him. tilation" 

§ 85. Personal Injury, Ex. 21 28 - 32 - 22 - 25 
Primitive Codes 

Ex. 21 28 If an ox fatally gore a man or woman, the ox shall be stoned Penalty 
and its flesh shall not be eaten, but the owner of the ox shall be acquitted, fluted 
29 But if the ox was alreadv in the habit of goring, and it hath been reported h y. an . 

iiii i • • • i i ii • i i i «n i animal 

to its owner and he hath not kept it in, with the result that it hath killed a 

man or a woman, the ox shall be stoned and its owner also shall be put to 

death. 30 If a ransom is fixed for him, he shall give for the redemption of 

his life whatever amount is determined. 31 Whether the ox hath gored a 

boy or a girl, this law shall be executed. v 32 If the ox gore a male or female 

servant, thirty silver shekels shall be given to their master and the ox shall 

be stoned. 

22 If men strive together and hurt a pregnant woman so that she hath a if in- 

miscarriage and yet no harm to her result, he shall be fined, as the woman's ^^ a 

husband shall determined and he shall pay for the miscarriage. 23 But if P re g- 

any harm follow, then thou shalt give life for life, 24 eye for eye, tooth for woman 

tooth, hand for hand, foot for foot, 25 branding for branding, wound for 

wound, stripe for stripe. x 

§ 86. Rape, Dt. 22 25 - 27 
Deuteronomic Codes 

Dt. 22 25 If a man find a young woman who is betrothed in the field Death 
and the man force her and lie with her, then simply the man who lay with forTne 7 
her shall die, 26 but thou shalt do nothing to the young woman; the young guilty 
woman hath committed no sin worthy of death, for this case is as when a 
man attacketh his neighbor and slayeth him, 27 for he found her in the field, 
the betrothed young woman cried out, but there was none to save her. 

§ 85 The laws of Hammurabi are very similar: 

§ 251 If a man's ox be a gorer, and has revealed its evil propensity as a gorer, and he has 
not blunted its horn or shut up the ox, and then that ox has gored a free man and caused his 
death, the owner shall pay half a mina of silver. § 252. If it be a slave that has been killed, 
he shall pay one third of a mina of silver. 

v Ex. 21 31 Lit., according to this judgment (or ruling) shall it be done to him. 

w Ex. 21 22 Slightly correcting the text as suggested by Budde. The present Heb. con- 
struction is very doubtful. It may possibly be translated, as the judges determine. 

1 Ex. 21 22 - 2 * For the somewhat similar law3 of Hammurabi, cf. Appendix VI, §§ 209-214. 

117 



Ex. 22 16 ] CRIMES AGAINST THE PERSON 

§ 87. Seduction, Ex. 22 18 . 17 , Dt. 22 28 - 28 
Primitive Codes 

Penalty Ex. 22 1G If a man entice a virgin, who is not betrothed and lie with her, 
he must make her his wife by paying a dowry for her. 17 If her father re- 
fuse absolutely to give her to him, he shall pay money equivalent to the 
dowry of young girls. 



Deuteronomic Code 



The Dt. 22 28 If a man find a virgin, who is not betrothed, and take hold of 

j^ er her, and lie with her, and they be caught in the act, 29 then the man who lay 

with her shall give to the girl's father fifty shekels of silver; moreover she 

shall be his wife, because he hath humbled her; he may not divorce her as 

long as he lives. 

§ 88. Wronging the Defenceless, Ex. 22 21 - 24 , Dt. 24 14 *, 27 18 . 10 , Lev. 19 14 33 
Primitive Codes 
Aliens, Ex. 22 21 Thou shalt not wrong nor oppress a resident alien, for ye were 
and°or- aliens residing in the land of Egypt. y 22 Ye shall not afflict any widow or 
phans fatherless child. 23 If thou afflict them at all and they cry to me, I will surely 
hear their cry; 24 and my wrath shall be aroused, and I will slay you with the 
sword, so that your wives shall be widows and your children fatherless. 

Deuteronomic Codes 
Hired Dt. 24 14a Thou shalt not oppress a hired servant who is poor and needy. 
vants ^7 18 Cursed be the one who maketh the blind wander out of the way. 

Blind And all the people shall say, So may it be. 

Public 19 Cursed be the one who perverteth the justice due the resident alien, 
demna- fatherless, and widow. And all the people shall say, So may it be. 



tion 



Holiness Code 



Deaf, Lev. 19 14 Thou shalt not curse the deaf, nor put a stumbling block 

and ' before the blind; but thou shalt fear thy God : I am Jehovah. 33 And if an 
aliens a li e n make his home with you z in your land, ye shall do him no wrong. 

§ 89. Slander, Ex. 23 la , Lev. 19 16 
Primitive Codes 

Prohi- Ex. 23 la Thou shalt not spread abroad a false report. 

bition 

Holiness Code 

Lev. 19 16 Thou shalt not go about as a tale bearer among thy people; 
nor shalt thou seek the blood of thy neighbor : I am Jehovah. 

§ 88 Cf. note § 106. 

y Ex. 22 21 This vs. is in part duplicated in 23°, Thou shalt not oppress a resident alien, 
for ye knoxo how a resident alien feeleth, since ye were aliens residing in the land of Egypt. 

•Lev. 19 ;,:i So CJk., Sam., and Syr. Heb., thee. 

§ 89 The Heb. codes suggest no definite penalty for this pernicious crime. Hammurabi's 
Code, however, is grimly definite: 

§ 127 // a man has caused the finger to be pointed at a votary, or a man's wife, and has 
not justified himself, that man shall be brought before the judges, and have his forehead branded 

118 



THEFT [Ex. 22 1 



V 
CRIMES AGAINST PROPERTY 

§ 90. Theft, Ex. 22 1 - 4 [20 15 ], Dt. 5 19 , 23 24 - 25 , Lev. 19 n », 6 2 - 7 
Primitive Codes 

Ex. 22 x If a man shall steal an ox or a sheep, and kill or sell it, he shall Penal- 
restore five oxen for one ox and four sheep for one sheep. 4 If the theft be ies 
found in his hand alive, whether it be ox, or ass, or sheep, he must pay 
twice its value. 3b If he have nothing, then he shall be sold to pay for what 
he hath stolen. 

2 If the thief be found breaking in and be struck down so that he die, In case 
the one who striketh him is not guilty of murder. 3b If the sun hath risen, tiied S 
the one who striketh him is guilty of murder; he must make restitution. 

Devteronomic Codes 

Dt. 5 19 Thou shalt not steal. 

23 24 When thou comest into thy neighbor's vineyard, thou may est eat of Prohi- 
grapes thy fill at thine own pleasure, but thou shalt not put any in thy vessel. Limita- 
25 When thou comest into thy neighbor's standing grain, thou mayest gather *?on of 
the heads with thy hand, a but thou shalt not put b a sickle to thy neighbor's natural 
standing grain. gjjf" 

Holiness Code 

Lev. 19 lla Thou shalt not steal. 

Priestly Codes 

Lev. 6 2 If any one sin and break faith with Jehovah, by deceiving his Repa- 
neighbor in regard to a deposit or a pledge, or by robbing or defrauding his foJ lon 
neighbor, 3 or if he hath found something which was lost and deny it and per- things 
jure himself, if by doing any one of these things 4 a man hath sinned, and so or ob- 
is guilty, he shall restore that which he took by robbery, or the thing f?a U d- 
which he obtained by fraud, or the deposit which was entrusted to him, or ulently 
the lost thing which he found, 5 or anything about which he swore falsely; 
he shall restore it in full, and shall add to it a fifth more; he shall give it to 
its rightful owner on the day when he is found guilty. 6 He shall also bring 
to the priest his guilt-offering for Jehovah, a ram without blemish out of the 

Crimes against Property. — As has been noted in the Introd., p. 25, one of the funda- 
mental differences between the O.T. and Bab. codes is that, while the Code of Hammurabi is 
prodigal of human life, the Heb. laws carefully guard it; but in regard to property the em- 
phasis is reversed. For the detailed Bab. laws regarding crimes against property cf. Appen- 
dix VII. 

The relatively slight attention given in the O.T. to the rights of property is one of the 
many lines of evidence proving that the interests and ambitions of the early Israelites lay 
rather in national and religious than in material realms. 

• Dt. 23^ Cf. Bit. 12 1 . Lk. 6 1 for the action of Jesus' disciples, which was in accord with 
this ancient law. 

*> Dt. 23 26 Lit., move. 

119 



Lev. 6«] CRIMES AGAINST PROPERTY 

V firstly Codes 

flock, according to thy valuation, as a guilt-offering. 7 Then the priest shall 
make atonement for him before Jehovah, and he shall be forgiven for what- 
ever he may have done to incur guilt. 

§ 91. Land Stealing, Dt. 19 M , 27 17 
Deuteronomic Codes 

Prohi- Dt. 19 14 Thou shalt not remove thy neighbor's landmark, which they 
bition j? f ormer generations have set, in thine inheritance which thou shalt inherit, 

in the land which Jehovah thy God giveth thee as a possession. 
Public 27 17 Cursed be he that removeth his neighbor's landmark. And all the 
dem- people shall say, So may it be. 

nation 

§ 92. False Weights and Measures, Dt. 25 13 - 18 , Lev. 19 35 - 37 
Deuteronomic Codes 

Prohi- Dt. 25 13 Thou shalt not have in thy bag diverse weights, c a great and a 
ofd?£ small. 14 Thou shalt not have in thy house diverse measures, d a great and a 
honesty small. 15 A perfect and just weight shalt thou have; a perfect and just 
ness measure shalt thou have, that thou mayest live long in the land which Je- 
hovah thy God giveth thee. 16 For all who do these things, even all who do 
unrighteously, are an abomination to Jehovah thy God. 

Holiness Code 

Hon Lev. 19 35 Ye shall do no unrighteousness in judgment, or with rule, or 

hfall w * tn weight, or with measure. 36 Just balances, just weights, a just ephah, 

social and a just hin shall ye have : I am Jehovah your God, who brought you out 

busi- of the land of Egypt. 37 Ye shall therefore observe all my statutes and all 

J2^_ my ordinances, and do them : I am Jehovah. 



tions 



§ 91 Boundary stones among the Babylonians, as well as the Hebrews, marked the limits 
of estates, and to move them was the usual mode of stealing land. The references in the pro- 
phetic and wisdom books indicate that the crime was a common one in Israel, cf. Hos. 5 10 , 
Pr. 22 28 . 23 10 , Job 24 2 . The Babylonians, Greeks and Romans placed the boundary stones 
under the protection of the gods, and regarded them as sacred. The Roman law provided 
that those who attempted to move them might be slain (Dron. Hal. ii, 74). 

The law of Dt. 27 17 recalls the curses of the ancient Bab. kings upon those who removed 
their neighbor's landmarks, cf. John's, Bab. and Assyr. Laws, Contracts and Letters, 191. 

§ 92 These laws aim to counteract the common oriental custom of cheating in trade. 
When the weights used were ordinary stones, the temptation to steal was strong and its de- 
tection difficult. 

e Dt. 25 13 Lit., a stone and a stone, i. e., stones of different size. Cf. Am. 8 s and Pr. 20 23 . 

d Dt. 25" Lit., two different ephahs. Cf. Am. 8 5 , Mi. 6 l ° and Ezek 45 10 . 



120 



HUMANE LAWS 



HUMANE LAWS 

I 

KINDNESS TOWARDS ANIMALS 

§ 93. The Threshing Ox, Dt. 25 4 
Deuteronomic Codes 

Dt. 25 4 Thou shalt not muzzle the ox when it treadeth out the grain. Profit 

sharing 

§ 94. Wild Animals, Ex. 23 n , Lev. 25 5 - 7 

Primitive Codes 

Ex. 23 n The seventh year thou shalt let the land rest and lie fallow, Object 
that the poor of thy people may eat; and what they leave the wild beasts gabbat- 
shall eat. In like manner thou shalt do with thy vineyard and thy olive- icai 

j year 

yard. 

Humane Laws. — Although the majority of the laws included under this head have 
already been classified elsewhere, they are here grouped together as a basis for the compre- 
hensive study of the most distinctive element in the O.T. codes. A comparison of the O.T. 
laws with the still earlier Code of Hammurabi or the contemporary Assyrian, Egyptian or 
Phoenician systems reveals far more points of analogy than difference. All assume very much 
the same characteristic oriental institutions, such as the kingly form of government, slavery, 
the secondary place of woman, and ceremonial worship, centring about certain sanctuaries 
cf. Introd., p. 6. To these humane laws, however, the other legal systems of antiquity present 
few parallels. They represent the high-water mark of Heb. legislation. In them the teachings 
of the prophets, who preached not only justice but consideration for the needy and love to all 
men, find concrete expression. Like the prophets, who inspired them, they rise far above the 
sordid standards of their age and anticipate at many points the perfect teachings of the divine 
Prophet of Nazareth. Most of the O.T. laws have been superseded by others better adapted 
to the changed conditions of to-day, but these humane laws, in spirit, if not in actual form, 
have been incorporated in our modern systems or else remain lofty ideals towards which civ- 
ilization is slowly but surely moving. 

It is natural that the majority of them should be found in the Deuteronomic codes, which 
have been most directly touched by the spirit and lofty teachings of the prophets of the As- 
syrian period cf. Introd., p. 31. The hortatory form of many of them also reveals the powerful 
influence of the prophets. In most of these laws no distinct penalty is prescribed in case the 
given command is not obeyed. Often the appeal is simply to the individual conscience, and 
Jehovah is recognized as the only judge who can execute. Sometimes, when great self-denial 
is required to keep a given law, as for example, the remission of interest to the needy, the 
promise is added that God will give prosperity to those who obey. Elsewhere the people are 
warned lest they incur Jehovah's displeasure by disobedience. Frequently the appeal is to 
the national sense of gratitude because of the great deliverance from Egypt. Thus at almost 
every point they reveal the spirit of the inspired prophet in the heart of the lawgiver. Like 
the teachings of Jesus they emphasize not merely the external act but the motive in the soul 
of man. Above the brutal despotism and inhuman cruelty and selfish materialism of their 
age, they rise as beacon lights, guiding the human race on to the great social and philanthropic 
movements of to-day. 

§ 93 This and the kindred laws of Dt. represent the earliest recognition and formulation 
ot man s duty to the animal world over which he is called to rule. They voice that profound 
love for all of God's creatures which filled the heart of the Christ and which is the essence of 
true religion. 

123 



Lev. 25 5 ] KINDNESS TOWARDS ANIMALS 

Holiness Code 

Lev. 25 5 That which groweth of itself of thy harvest thou shalt not 
reap, and the grapes of thy undressed vine thou shalt not gather; it shall be 
a year of complete rest for the land. (> The sabbath produce of the land 
shall be food for you; for thee, for thy male and female slave, for thy hired 
servant, and for the settler who resides with thee, "and for thy cattle and the 
beasts that are in thy land shall all the produce be for food. 

§ 95. Beasts of Burden, Ex. 23 12ab 
Primitive Codes 

Sab- Ex. 23 12a> b Six days shalt thou do thy work, and on the seventh day 

re^t thou shalt rest, that thine ox and thine ass may have rest. 

§ 96. The Mother and her Young, Ex. 34 26b , Dt. 22 8 . 7 , Lev. 22 28 
Primitive Codes 
Con- Ex. 34 26b Thou shalt not seethe a kid in its mother's milk. 

sidera- 

tkTma- Deuteronomic Codes 

relation Dt. 22 6 If a bird's nest chance to be before thee in the way, in any tree 
or on the ground, with young ones or eggs, and w r ith the mother sitting upon 
the young or upon the eggs, thou shalt not take the mother with the young; 
7 thou shalt surely let the mother go, but the young thou mayest take for thy- 
self, that it may be well with thee, and that thou mayest live long. 

Holiness Code 

Lev. 22 28 [When an animal is offered to Jehovah], whether it be a cow 
or ewe, ye shall not kill both it and its young on the same day. 



II 
CONSIDERATION FOR THE UNFORTU 



\TE 



§ 97. In Taking Pledges, Dt. 24 10 - u 
Deuteronomic Codes 

Tore- Dt. 24 10 When thou lendest thy neighbor any kind of loan, thou shalt 

*J"J a not go into his house to take a pledge from him. n Thou shalt stand with- 

in a ns ou t an( ] the man to whom thou dost lend shall bring out the pledge to thee, 
feelings _ l ° 

§ 96 The exact principle underlying these three kindred laws is not clear. Possibly it 
is an ancient superstition, but apparently it is a sentimental reason. The same reward is 
urged for observing the injunction in Dt. 22 6 ' 7 , as the command to children to honor parents, 
f)"'. In all of these rases the sanctity of the parental relation is evidently prominent in the 
minds of the lawgivers. 

Consideration for the Unfortunate. — Hammurabi in the epilogue to his code. cf. 
Introd., p. 5, and in the evident purpose manifest in his laws to protect the widows and or- 
phans, anticipates some of these regulations, but he nowhere reveals that delicate and chiv- 
alrous consideration for the feelings of the needy, which divines and guards against all acts 
which would inflict unnecessary pain on those whom the Btrong should protect. 

124 



RETURN OF GARMENTS [Dt. 24 12 

§ 98. Return of Garments Taken in Pledge, Dt. 24 12 . 13 
Deuteronomic Codes 

Dt. 24 12 In the case of a poor man, thou shalt not sleep with his pledge; To 
13 thou shalt surely restore to him the pledge at sunset, that he may sleep in fhought- 
his garment and bless thee ; thus thou wilt be counted righteous before less . 
Jehovah thy God. 

§ 99. Not to Take a Millstone in Pledge, Dt. 24 e 
Devteronomic Codes 

Dt. 24 6 No man shall take the mill or the upper millstone as a pledge, Not to 

take - 

nece 

sity 



for thereby he taketh a man's life as a pledge. neces* 



§ 100. Moderation in Inflicting the Bastinado, Dt. 25 2 . 3 
Deuteronomic Codes 

Dt. 25 2 If a culprit deserves to be beaten, the judge shall make him lie To 
down to be beaten in his presence with the number of blows corresponding f^J ms t 
to his crime. 3 Forty blows he may inflict upon him, but no more, lest, if unjust 
he add more blows than these, thy fellow countryman be held in contempt 
in thine eyes. 

§ 101. Exemption of Relatives of Criminals from Punishment, Dt. 24 ie 
Deuteronomic Cod^s 

Dt. 24 16 Fathers shall not be put to death with their children, and To 
children shall not be put to death with their fathers; each man shall be put the* 6 
to death simply for his own crime. inn °~ 

§ 102. Precautions against Accident, Dt. 22 8 
Deuteronomic Codes 

Dt. 22 8 When thou buildest a new house, thou shalt make a parapet To 
for thy roof, that thou bring not blood upon thy house, in case any man public 
should fall from it. safet y 

§ 99 The millstone was needed each day in grinding the grain for the use of the family, 
especially where poverty made an abundant supply of food impossible. 

§ 101 In the ancient East the family often shared a father's fate, even when they were 
entirely innocent, cf. Dan. 6 24 , Esth. 9 13 > 14 , Herod, iii, 119. At least in the case of extreme 
offences, the same custom was in vogue in early Heb. history, cf. Josh. 7 24 > 25 , II Ram. 21 19 . 
It was the outgrowth of the primitive Semitic conception of the family as a closely knit social 
unit. The juster principle of individual responsibility was recognized, however, by Amaziah in 
dealing with the conspirators who slew his father. II Kgs. 14 6 , and that precedent may well 
be the basis of the present law. 



125 



Dt. 24 14 ] TREATMENT OF DEPENDENT CLASSES 

in 

TREATMENT OF DEPENDENT CLASSES 

§ 103. Hired Servants, Dt. 24 u > 15 , Lev. 19 13b 
Deuteronomic Codes 

To deal Dt. 24 14 Thou shalt not oppress a hired servant who is poor and needy, 

and y whether he be of thy own race, or of the resident aliens who are in thy land 

wilh y w 'thin thy city. 15 On the same day thou shalt pay him his wages before the 

hired sun goeth down, for he is poor, and setteth his heart upon it; and let him not 

vants crv against thee to Jehovah, and thou be guilty of a crime. 

Holiness Code 

Lev. 19 13b The wages of a hired servant shall not remain with thee all 
night until the morning. 

§ 104. Slaves, Ex. 23 12a - °, 21 2 , Dt. 15 12 - 15 , Lev. 25 39 . 40a . 43 
Primitive Codes 

To give Ex. 23 12a » c Six days shalt thou do thy work, and on the seventh day 
and thou shalt rest, that the son of thy handmaid and the resident alien may be 
ulti- refreshed. 

freedom 21 2 If a man buy a Hebrew slave, he shall serve six years, but in the 
slaves seventh year he shall go free without having to pay any ransom. 

Deuteronomic Codes 

To give Dt. 15 12 If one of thy own race, a Hebrew man or a Hebrew woman, 
allyk) a De so ^ to thee, he shall serve thee six years ; then in the seventh year thou 
freed shalt let him go free. 13 And when thou lettest him go free, thou shalt not 
let him go empty-handed; 14 rather thou shalt furnish him liberally from 
thy flock, and thy threshing-floor, and thy winepress; according as Jehovah 
thy God hath blessed thee thou shalt give to him. 15 And thou shalt remem- 
ber that thou wast a slave in the land of Egypt, and that Jehovah thy God 
redeemed thee; therefore I now command thee to do this thing. 

Holiness Code 

To be Lev. 25 39 If thy fellow countryman become poor and sell himself to 

skier- thee, thou shalt not make him serve as a slave. 40a As a hired servant and 
a r te of as a settler shall he be to thee. 43 Thou shalt not rule over him with harsh- 

He- 

brews ness, but thou shalt fear thy God. 

§ 103 Cf. note § 12. The supreme justice and present day applicability of the principle 
underlying this law are obvious. 

§ 104 Cf. note § 16 and the additional law<* under the same sections; cf. also note § 13. 

1 26 



Devteronomic Codes 



CAPTIVES [Dt. 21 10 

§ 105. Captives, Dt. 21 10 - 14 



Dt. 2 1 10 When thou goest forth to battle against thine enemies, and To re- 
Jehovah thy God delivereth them into thy hands, and thou earnest them fhe feel- 
away captive, n and seest among the captives a beautiful woman, and thou in e s 
hast a desire for her, and wouldst make her thy wife, 12 then thou shalt bring rights 
her home to thy house, and she shall shave her head, and pare her nails, 13 and captive 
she shall put off the garb of her captivity and shall remain in thy house, and wife 
bewail her father and her mother a full month. After that thou shalt go in 
unto her, and be her husband, and she shall be thy wife. 14 But if thou have 
no delight in her, then thou shalt let her go where she will ; but thou shalt 
not in any case sell her for money, thou shalt not deal with her as a slave, 
because thou hast humbled her. 

§ 106. The Defenceless, Ex. 22 2124 , Dt. 24 17 - 18 , 27 18 . 19 , Lev. 19 u 
Primitive Codes 

Ex. 22 21 Thou shalt not wrong nor oppress a resident alien, for ye were Not to 
aliens residing in the land of Egypt. 22 Ye shall not afflict any widow or aliens, 
fatherless child. 23 If thou afflict them at all, and they cry to me, I will surely widow 3 
hear their cry, 24 and my wrath" shall be aroused, and I will slay you with the phan^ 
sword, so that your wives shall be widows and your children fatherless. 

Deuteronomic Codes 

Dt. 24 17 Thou shalt not pervert the justice due the resident alien, or 
the fatherless, nor take a widow's garment as a pledge; 18 but thou shalt re- 
member that thou wast a slave in Egypt, and that Jehovah thy God redeemed 
thee from there ; therefore I command thee to do this thing. 

27 18 Cursed be the one who maketh the blind wander out of the way. Or the 
And all the people shall say, So may it be. 19 Cursed be the one who per- 
verteth the justice due the resident alien, fatherless, and widow. And all 
the people shall say, So may it be. 

Holiness Code 

Lev. 19 14 Thou shalt not curse the deaf, nor put a stumblingblock Or 
before the blind; but thou shalt fear thy God: I am Jehovah. 

§ 107. The Poor, Ex. 23 8 , Dt. 15 711 , Lev. 25 35 

Primitive Codes 

Ex. 23 6 Thou shalt not prevent justice being done to thy poor in his Not to 
cause. 



wrong 
him 



§ 105 Cf. also note § 4. 

§ 106 Among most ancient peoples, resident aliens had no legal rights and were there- 
fore the objects of every form of injustice. This evil the Heb. lawgivers strenuously sought 
to correct. Widows and orphans were unable to defend themselves from those who might 
wrong them, and had no strong protectors. Accordingly they also were especially guarded 
by benign provisions. 

§ 107 The Israelitish race have always shown most remarkable and commendable loyalty 
to its poorer members. This significant fact in history is doubtless due largely to the in- 
fluence of these laws. 



127 



Dt. IV] TREATMENT OF DEPENDENT CLASSES 

Deuteronomic Codes 

Not to Dt. 15 'If there be with thee a poor man, one of thy fellow countrymen* 
tUoan m an ) T °f ^y cities in thy land which Jehovah thy God giveth thee, thou 
t»> the shalt QO | } )0 hardhearted, nor shut thy hand from thy poor brother; 8 but 
thou shalt surely open thy hand to him, and shalt lend him sufficient for 
his need as he wanteth. 9 Beware lest this base thought come in thy heart, 
The seventh year, the year of release, is at hand, and thou turn a deaf ear 
to thy poor brother, a and thou give him nothing; and he cry to Jehovah 
against thee, and thou be guilty of a crime. b ll) Thou shalt surely give to him, 
and thy heart shall not be sad when thou givest to him, because for this Je- 
hovah thy God will bless thee in all thy work, and in all that thou under- 
takest to do. 11 For the poor will never cease to be in the land; therefore I 
command thee, Thou shalt surely open thy hand to thy brother, to thy needy, 
and to thy poor in thy land. 

Holiness Code 

To sup- Lev. 25 35 If thy fellow countryman become poor and fall into poverty 
the w *th thee, thou shalt support him, and he shall live with thee. 

poor 



IV 

PHILANTHROPIC PROVISIONS FOR THE NEEDY 

§ 108. Leaving the Gleanings, Dt. 24 19 - 22 , Lev. 19 e . 10 [23 22 ] 

Deuteronomic Codes 

To Dt. 24 19 When thou reapest thy harvest in thy field, and hast forgot a 

parVof snea f m tn y field, thou shalt not go again to bring it; it shall be for the resi- 

aii dent alien, for the fatherless, and for the widow, that Jehovah thy God may 

prod- bless thee in all the work of thy hands. 20 \Vhen thou beatest thy olive-tree, 

for the tnou sna lt not g° over tn e boughs again; it shall be for the resident alien, 

needy for the fatherless, and for the widow. 21 When thou gatherest the grapes of 

thy vineyard, thou shalt not glean it after thee; it shall be for the resident 

alien, for the fatherless, and the widow. 22 Thou shalt remember that thou 

wast a slave in the land of Egypt; therefore I command thee to do this thing. 

a Dt. 15 9 lit, thy eye b°. evil against. 

b Dt. 15 s Lit. it be sin to thee, cf. also 23 21 , 24 15 . 

Philanthropic Provisions for the Needy.— It is from the social rather than the strictly 
legal point of view that these regulations are formulated. Some of them anticipate the prin- 
ciples assumed by modern socialism. They do not aim primarily to protect the rights of 
property or vested interests, but to define and facilitate the discharge of the obligations of 
society to its individual and needy members. They start with the assumption that those 
who have control of natural resources have certain duties to perform toward those less favored. 
They also seek by definite institutions to insure the more equable distribution of the products 
of the land. 

128 



LEAVING THE GLEANINGS [Lev. 19* 

Holiness Code 

Lev. 19 9 When ye reap the harvest of your land, thou shalt not entirely 
reap the corners of thy field, neither shalt thou gather the gleanings of thy 
harvest. 10 And thou shalt not glean thy vineyard, neither shalt thou gather 
the scattered fruit of thy vineyard; thou shalt leave them for the poor and 
for the resident alien : I am Jehovah your God. c 

§ 109. Sharing Offerings, Dt. 16". 12 1 13 . u \ 26 11 
Deuteronomic Codes 

Dt. 1 6 n When thou keepest the feast of weeks, thou shalt be joyful before To 
Jehovah thy God, together with thy son and daughter and male and female Jhe^ 
slave and the Levite, who is within thy city, and the resident alien, and the | a ? ri_ 
fatherless, and the widow, who are among thee, at the place in which Jehovah meals 
thy God shall choose to have his name dwell. 12 And thou shalt remember J^ 1 * 
that thou wast once a slave in Egypt, and observe these statutes. needy 

26 11 Thou shalt rejoice in all the good which Jehovah thy God hath 
given to thee and thy house, together with the Levite and the alien in the 
midst of thee. 

§ 110. Distribution of the Tithe, Dt. 14 28 . 29 , 26 12 . 13 

Deuteronomic Codes 

Dt. 14 28 At the end of every three years thou shalt bring out all the To give 
tithe of thine increase d in that year and shalt deposit it within thy city. Saf n " 
29 That the Levite, because he hath no portion nor inheritance with thee, and J' the to 
the resident alien, and the fatherless, and the widow, who are in thy city, needy 
may come and eat and be satisfied, in order that Jehovah thy God may bless pendent 
thee in all the work to which thou puttest thy hand. e 

26 12 When thou hast made an end of tithing all the tithe of thy produce 
in the third year, which is the year of tithing, thou shalt give it to the 
Levite, to the resident alien, to the fatherless, and to the widow, that they 
may eat within thy city, and be filled. 13 And thou shalt say before Jehovah 
thy God, I have put away f the consecrated things out of my house, and have 
also given them to the Levite, and to the resident alien, to the fatherless and 
to the widow, just as thou hast commanded me; I have not transgressed 
any of thy commands, neither have I forgotten them. 

c Ley. 19 10 Lev. 23 22 is an exact repetition of 19 9 ' 10b . It has no connection with its con- 
text and its presence is probably due to a later editor or to a scribal error. 

§ 109 The rejoicing at the chosen sanctuary in Jerusalem on the occasion of the harvest 
festivals included the slaughter of sacrificial animals and a general merrymaking, cf. note § 140. 
The aim of the law is to provide that all the dependent members of the community may have 
a part in these festivities, even as the people had had before the days of Josiah's reformation, 
at the ceremonies in connection with the local shrines. Dt. 16 13 - 14 repeats the same injunc- 
tions in connection with the feast of tabernacles, cf. § 214. 

d Dt. 14 28 I. e., from thy private granaries. 

e Dt. 14 29 Lit., work of thy hand which thou doest. 

f Dt. 26 13 Lit., / have exterminated. 

§ 110 Two out of every three years the tithe of all that the ground produced was carried 
to Jerusalem and eaten by the offerer and his dependents, cf. § 151; but on the third year 
it was stored up in the different towns to be given to the dependent members of the com- 
munity as their individual needs required. 

129 



Ex.22 25 ] PHILANTHROPIC PROVISIONS 

§ 111. Remission of Interest to the Poor, Ex. 22 25 , Dt. 23 19 . 20 , Lev. 25 35S8 
Primitive Codes 

To take Ex. 22 25 If thou lend money to any of my people with thee who is poor, 
terest thou shalt not be to him as a creditor, neither shall ye demand interest of 

from mm 
the 

Deuteronomic Codes 

To take Dt. 23 19 Thou shalt not lend on interest to thy fellow countryman: 
terest interest on money, food or on anything that is lent on interest. 20 To a for- 
from a eigner thou may est lend on interest ; but to thy fellow countryman thou shalt 
brew not lend on interest, that Jehovah thy God may bless thee in all that thou 
undertakest to do, in the land to which thou art going to possess it. 

Holiness Code 

From a Lev. 25 35 If thy fellow countryman become poor, and fall into poverty 

H° e ° r with thee, thou shalt support him, and he shall live with thee. 36 Take of 

brew him no interest or usury, but fear thy God, that thy fellow countryman may 

live with thee. 37 Thou shalt not give him thy money on interest, nor give 

him thy food for usury. 38 I am Jehovah your God, who brought you forth 

out of the land of Egypt, to give you the land of Canaan, and to be your God. 

§ 112. Rest and Remission of All Interest on the Seventh Year, Ex. 23 10 . xt ? 

Dt. 15 1 - 10 , Lev. 25 1 - 7 - 20 - 22 
Primitive Codes 

To Ex. 23 10 Six years thou shalt sow thy land, and shalt gather in its in- 

natural crease. n The seventh year thou shalt let the land rest and he fallow, that 

prod- ■ 

u< ?*? § 111 The spirit, if not the literal form of these laws are still universally applicable. Their 

?l background is an exceedingly simple organization. Until the Babylonian exile forced the 

tne Israelites into the great currents of the world's trade, they remained simple farmers and shep- 

P oor herds, who despised the Canaanitish traders in their midst. Loans, therefore, were not made 
for commercial purposes but under the pressure of dire necessity. To exact interest from 
a poor man was to force him or his family into slavery. This inevitable result Nehemiah 
bitterly condemns, although he and his friends had been accustomed to make loans on in- 
terest, Neh. 5. 

Also in the ancient East the rate of interest was usually exorbitant. In Babylonia it 
was at one time limited to 20 per cent. In Assyria 25 per cent per annum was not uncommon ; 
in Egypt the legal rate was limited to 30 per cent, or 33J in case the loan was in grain. Like 
Nehemiah, the exiles and the later Jews, who engaged in commerce, did not hesitate to de- 
mand interest. Evidently the aim of these laws, as is definitely stated in the earliest and 
latest versions, was simply to protect the poor Israelites from unjust exactions, for to with- 
hold a loan entirely would be more harmful than to demand a moderate rate of interest. 

§ 112 Cf. also note § 16, and for the laws regarding the liberation of slaves on the seventh 
year, § 104. It is significant that this law is found in the primitive as well as the Holiness 
Code. It implies the agricultural stage and, therefore, cannot be dated earlier than the set- 
tlement in Canaan. It represents the application of the sabbath principle of one period of 
rest in every seven to the cycle of the years. It is also made applicable to the land as well as 
to men and animals. The author of the Holiness Code, in Lev. 26 34 ^ 3 f, regards the exile as 
the enforced period of rest for the land. This statement confirms the inference from Jer. 34 
that the law of the sabbatical year, both in its command to let the land lie fallow and to 
liberate all Heb. slaves at the end of six years, was, at least before the exile, largely disregarded. 
Second Chr. 36 21 bears similar testimony. Until the days of Nehemiah the Judean com- 
munity continued to treat it as an ideal too high to be realized, until, in the covenant solemnly 
established in behalf of the people, they promised that on the seventh year they would leave 
the land uncultivated and refrain from the exaction of any debt. Josephus avers that it was 
kept in the days of Alexander the Great, Antiq. XI, 8°. I Mac. 40 M suggests that in the Greek 
period it had become a regular institution. Even Tacitus was acquainted with the law, Hist. 
. r >\ and the Mishna Shebe'th states that only in Palestine was it fully observed. 

1 30 



THE SABBATICAL YEAR [Ex. 23 11 

Primitive Codes 

the poor of thy people may eat; and what they leave the wild beasts shall eat. 

In like manner thou shalt do with thy vineyard and thine oliveyard. 

Deuteronomic Codes 

Dt. 15 x At the end of every seven years thou shalt make a release. 8 Tore- 
2 And this is the nature of the release : every creditor shall remit that which interest 
he hath lent to his neighbor; he shall not exact it of his neighbor or fellow 
countryman, because Jehovah's release hath been proclaimed. 3 Of a for- 
eigner thou may est exact it; but whatever of thine is with thy fellow country- 
man let thy hand release. Nevertheless there shall be no poor with thee, for 
Jehovah will surely bless thee in the land which Jehovah thy God giveth 
thee to possess as an inheritance, 5 if only thou diligently hearken to the voice 
of Jehovah thy God, to observe to do all this commands which I command 
thee this day. 6 For Jehovah thy God will bless thee, as he promised thee; 
and thou shalt lend to many nations, but thou shalt not borrow; and thou 
shalt rule over many nations, but they shall not rule over thee. 

7 If there be with thee a poor man, one of thy fellow countrymen, in any of To loan 
thy cities in thy land which Jehovah thy God giveth thee, thou shalt not be JJ a the Jr 
hardhearted, nor shut thy hand from thy poor brother; 8 but thou shalt surely P° or . 
open thy hand to him, and shalt surely lend him sufficient for his need as the 
he wanteth. 9 Beware lest this base thought come in thy heart, The seventh jj a t r b e _ 
year, the year of release, is at hand, and thou turn a deaf ear to thy poor f°re the 
brother, and thou give him nothing, and he cry to Jehovah against thee, and release 
thou be guilty of a crime. 10 Thou shalt surely give to him, and thy heart 
shall not be sad when thou givest to him; because for this Jehovah thy God 
will bless thee in all thy work, and in all that thou undertakest to do. 

Holiness Code 

Lev. 25 ijehovah said to Moses on Mount Sinai, 2 Speak to the Israelites and say To 
to them, ' When ye have come to the land which I give you, the land jj a [| e 
shall rest for a sabbath to Jehovah. 3 Six years thou shalt sow thy field, and seventh 
six years thou shalt prune thy vineyard, and gather in its produce; 4 but the resTthe 
seventh year shall be a sabbath of complete rest for the land, a sabbath to na oJ{I al 
Jehovah; thou shalt neither sow thy field nor prune thy vineyard. 5 That which ucts 
groweth of itself of thy harvest thou shalt not reap, and the grapes of thy un- th e 
dressed vine thou shalt not gather; it shall be a year of complete rest for the need y 
land. 6 And the sabbath produce of the land shall be food for thee; for thee, 
for thy male and female slave, for thy hired servant, and for the settler who 
resideth with thee, 7 and for thy cattle and the beasts that are in thy land shall 
all the produce be for food. 20 And if ye say, What shall we eat in the sev- 
enth year? behold, we may not sow or gather in our produce; 21 then I will 
command my blessing upon you in the sixth year, and it shall bring forth 
produce for three years. 22 And ye shall sow the eighth year, but eat of the 
old stores; until the produce of the ninth year comes in, ye shall eat 
of the old stores.' 

* Dt. 15 1 The word comes from a Heb. verb meaning, to fling down, let drop. 

131 



claim 
rest 
and re 
lease in 



year 



Lev. 25 8 ] PHILANTHROPIC PROVISIONS 

§ 113. Restoration of Property and Freedom in the Year of Jubilee, 

Lev 25 8 - 16 ' 23 - i()h -* 2 
Priestly Codes 

To pro- Lev. 25 8 Thou shalt count seven sabbaths of years, for seven times 

seven years; and there shall be the equivalent of seven sabbaths of years, h 

that is, forty-nine years. 9 Then thou shalt sound a loud horn on the tenth 

the" " day of the seventh month; on the day of atonement shall ye sound a horn 

h through i all your land. 10 And ye shall set apart as sacred the fiftieth year, 

and proclaim liberty throughout the land to all its inhabitants; it shall be a 

year of jubilee for you, and ye shall return each to his possession, and ye 

shall return each to his family. n A jubilee shall that fiftieth year be for 

you; ye shall not sow or reap that which groweth of itself in it, nor gather 

in the fruit of the undressed vines, 12 for it is a jubilee; it shall be holy to 

you; ye shall eat its produce directly from the field. 

Tore- 13 At this year of jubilee ye shall return each to his possession. 14 And 

|if re if thou sell any land to thy neighbor, or buy it of thy neighbor, ye shall not 

heredi- wrong each other. 15 According to the number of the years after the jubilee 

prop- thou shalt buy land from thy neighbor, and according to the number of 

erty the crops until the next jubilee shall he sell it to thee. 16 If the number of 

years be great, thou shalt increase its price, but if the number of years be 

small, thou shalt reduce its price, for it is the number of the crops that he 

selleth to thee. 23 The land shall not be sold in perpetuity; for the land is 

mine, and ye are resident aliens and settlers with me. 

To re- 40b jf thy f e il ow countryman sell himself to thee as a slave, he shall serve 

kaseall ^^ ^ ee to the year of jubilee; 41 then he shall be released by thee, together 

brew w ith his children, and he shall return to his own family, and to the possession 

of his fathers shall he return. 42 For they are my servants, whom I brought 

from the land of Egypt; they shall not be sold as slaves. 

h Lev. 25 8 Lit., days. 

' Lev. 25 9 Lit., cause to pass through. 

§ 113 The twenty-fifth chapter of Lev. presents many different problems. To the law in 
regard to the sabbatical year. Wi W-22, and the injunctions not to take interest from a poor 
Israelite or to treat him harshly, if he has fallen into a condition of slavery, 35-40a, 43, a, 63, sst^ 
the laws regarding the year of jubilee have been so added that they frequently interrupt the 
context. The first group of laws, 1 ' 7 - 19 " 22 , appears to belong to the Holiness Code. It is 
doubtful whether or not this code originally contained any reference to the year of jubilee. 
The pre-exilic writers are without exception silent even where, as for example, m Is. 5 and Mi. 
2, we would expect a reference to it, were they acquainted with it. Moreover two of the chief 
regulations regarding the year of jubilee: the rest of the land and the freeing of Heb. slaves, 
are antithetic to the earlier law which prescribed the seventh instead of the fiftieth year. The 
passage, therefore, relating to the year of jubilee would seem to be a later priestly addition, 
which aimed by generous concessions, so to soften the strenuous demands of the older law 
that the principle might gain popular acceptance. There is no evidence, however, that the 
attempt succeeded; in fact the Rabbis admit that this law was never observed. 

The regulations regarding the right of redeeming hereditary estates is clearly based 
on an ancient and long established custom, cf. note § 28; but in the present form it is adapted 
to the law of the year of jubilee and is bound up with the decree that all hereditary lands 
must at that time revert to their original owners. This custom is not without precedent in 
the ancient world. Many Aryan peoples thus periodically redistributed their land among 
the heads of the families. Strabo states that the Dalmatians reassigned their lands every eight 
years. In certain village communities in Russia the custom has continued to the present. 
For additional illustrations cf. Maine, Village Communities, p. 81 f., Driver and White, Leviticus, 
p. 100. The earliest allusion, however, in the O.T. to any such institution, is found in Ezek. 
46 17 , where land given by the prince is to revert to him in the year of release. Whether the 
prophet refers to an already established institution or possibly here gives a suggestion which 

132 



REVERENCE FOR THE AGED [Lev. 19 32 * 

V 
KINDLY ATTITUDE TOWARD OTHERS 

§ 114. Reverence for the Aged, Lev. 19 32 * 

Holiness Code 

Lev. 19 32a Thou shalt rise up before the hoary head, and honor the To 
person of an old man. \\S&° r 

aged 

§ 115. Love for Neighbors, Ex. 23*. 5 , Lev. 19 17 - 18 

Primitive Codes 

Ex. 23 4 If thou meet thine enemy's ox or ass going astray, thou shalt To do 
surely bring it back to him again. 5 If thou see the ass of him who hateth enemy 
thee lying prostrate under its burden, thou shalt in no case leave it in its as ye 
plight, rather thou shalt, together with him, help it ouU have 

him do 

Holiness Code 

Lev. 19 17 Thou shalt not hate thy fellow countryman in thy heart; To love 
thou shalt warn thy neighbor and not incur sin on his account. k 18 Thou n efgh- 
shalt not take vengeance, nor bear a grudge against the members of thy race; b £ r as 
but thou shalt love thy neighbor as thyself : I am Jehovah. 

§ 116. Love for Resident Aliens, Dt. 10 18b . 19 

Deuteronomic Codes 

Dt. 10 18b Jehovah so loveth the resident alien that he giveth to him To love 
food and raiment. 19 Love then the resident alien; for ye were once resident alien 
aliens in the land of Egypt. 

was later developed into the law of the year of jubilee cannot be definitely determined. On 
the whole, the exile, with its changed conditions, inspiring new regulations and experiments, 
as Ezek.'s elaborate program testifies, appears to furnish the background and date of the 
law of the year of jubilee. 

Kindly Attitude toward Others. — In these laws, which relate to inner motives and 
feelings, the Heb. lawgivers almost attain to the N.T. ideal. In the brief command in Lev. 
19 18b Jesus found the epitome of all O.T. legislation regarding man's duty to his fellowmen. 
He, however, raised it above its narrower Israelitish setting and made it of universal appli- 
cation. A suggestion of that broader application is found in the noble command in Dt. 10 19 
to love the foreigners residing in the land of Israel. 

i Ex. 23 5 Slightly correcting the Heb. text. 

k Lev. 19 17 1. e., by failing to warn him and by cherishing hatred toward him. 



133 



LAWS DEFINING OBLIGATIONS TO 
JEHOVAH 



LAWS DEFINING OBLIGATIONS TO 
JEHOVAH 

I 

NATIONAL OBLIGATIONS 

§ 117. To Abstain from Apostasy and Idolatry, Ex. 34 u - 17 [20 1 - 5 . 23b ], 
Dt. 5 7 > 8 [ 9 . 10 , 6 14 - 15 , 27 15 ], Lev. 26 l 
Primitive Codes 

Ex. 34 14 Thou shalt worship no other god, for Jehovah, whose name is Loyal 
Jealous, is a jealous God. JJjp 

17 Thou shalt make thee no molten gods. 

Deuteronomic Codes 

Dt. 5 7 Thou shalt have no other gods besides me. 
8 Thou shalt not make for thyself a graven image. 

Holiness Code 

Lev. 26 1 Ye shall make no idols, nor shall ye erect for yourselves a No 
graven image or a pillar, nor shall ye set up any figured stone in your land of any 
to bow down to it; for I am Jehovah your God. kind 

§ 118. To Abstain from Heathen Rites, Ex. 22 19 , Dt. 12 29 - 31 , 14 1 . 2 [18 9 ], 
Lev. 18 3 , 19 27 - 28 [20 23 ] 
Primitive Codes 

Ex. 22 19 Whoever sacrificeth to any god, except to Jehovah shall be None of 
placed under the ban. vaiiPnT 

heathen 

Laws Denning Obligations to Jehovah. — In this group of laws the prophetic principles, toin 3 
that underlie and characterize the O.T. legislation, come most prominently to the front. 
Many of them belong more properly with the prophetic addresses than with Israel's laws, cf. 
■Vol. Ill, where the great prophetic addresses attributed to Moses are introduced in their chron- 
ological setting. These commands like the humane laws, illustrate the true genius of Israel's 
legal system. Above all duties they placed the obligations of the nation and individual to 
the Divine King. In each code, but especially in the Deuteronomic codes, which reflect most 
fully the influence of the prophets, these primary commands are constantly reiterated. 

Failure to keep them is in a few cases, as for example, apostasy, which was regarded as 
treason, punished by definite and extreme penalties; but ordinarily the appeal is simply to 
the conscience of the nation and the individual. These laws are most of them in fact ex- 
hortations rather than ordinances to be enforced by human courts of justice. Jehovah is him- 
self alone the plaintiff, judge and executioner. 

§ 117 Only the typical regulations are here introduced. Cf. for the additional laws, 
§§ 57-59. 

§ 118 Cf. notes §§ 60, 61, and the same sections for the laws which are not repeated here. 

137 



Dt. 12 29 ] NATIONAL OBLIGATIONS 

Deutcronomic ('odes 

Dt. 12 ^When Jehovah thy God shall cut off the nations from before 
thee, which thou art going in to dispossess, and thou hast dispossessed them, 
and dwellest in their land; 80 take heed to thyself that thou be not ensnared 
after them, when they have been destroyed from before thee; and that thou 
inquire not after their gods, saying, How do these nations serve their gods? 
even so will I do likewise. 31 Thou shalt not do thus to Jehovah thy God; 
for every abomination which Jehovah hateth, have they done to their gods; 
for even their sons and their daughters do they burn in the fire to their gods. 

1 4 l Ye are the children of Jehovah your God; ye shall not cut yourselves, a 
nor make any baldness between your eyes for the dead. 2 For thou art a 
people holy to Jehovah thy God, and Jehovah hath chosen thee to be a 
people for his own possession, out of all peoples that are upon the face of 
the earth. 

Holiness Code 

Lev. 18 3 Ye shall not imitate the customs of the land of Egypt, in which 
ye dwelt, nor the customs of the land of Canaan, whither I am bringing you; 
neither shall ye follow their established usages. 

19 27 Ye shall not round off the corners of your hair, nor shalt thou dis- 
figure the corners of thy beard. 28 Ye shall not make any incisions in your 
skin for the dead; nor shall ye tattoo any marks upon you: b I am Jehovah. 

§ 119. To Abolish Heathen Shrines, Ex. 34 12 - 13 , 23 24 - 25 \ Dt. 12 2 - 3 , 7 5 - 25 

Deutcronomic Codes 

All Ex. 34 12 Take heed to thyself, lest thou make a covenant with the in- 

phe^- habitants of the land to which thou art going, lest it be for a source of cor- 
ofhe - ru pti° nC m thy midst : 13 but ye shall break down their altars, and dash in 
then pieces their pillars, and cut down their asherahs. 

ship 23 24 Thou shalt not bow down to their gods, nor serve them, nor imitate 

to be their customs; but thou shalt tear them down completely, and break in pieces 
stroyed their pillars, 25a and serve Jehovah thy God. 

Dt. 12 2 Ye shall destroy all the places in which the nations, which ye 
shall dispossess, served their gods, upon the high mountains and upon the 
hills and under every green tree; 3 and ye shall break down their altars, and 
dash in pieces their pillars, and burn their asherahs with fire; and ye shall hew 
down the graven images of their gods; and ye shall destroy their names out 
of that place. 

7 5 But thus shall ye do to them : ye shall break down their altars, and 
dash in pieces their pillars, and hew down their asherahs, and burn their 

a Dt. 14 1 This custom was in vogue among the Hebs. even in the exile, cf. Jer. 16 6 , 41*. 

b Lev. 19 28 All these marks doubtless indicated consecration to a special deity. 

c Ex. 34 12 Lit., be for a snare. 

§ 119 The commands in Ex. 34 12 - 13 and 23 24 - 2 *» interrupt their context and reveal the 
characteristic words and phrases of the Deuteronomic editor, who probably gave them their 
present position. 

138 



TO ABOLISH HEATHEN SHRINES [Dt. 7 5 

Deuteronomic Codes 

graven images with fire. 25 The graven images of their gods shall ye burn 
with fire; thou shalt not covet the silver or the gold that is on them, nor take 
it for thyself, lest thou be corrupted thereby, for it is an abomination to Je- 
hovah thy God. 

§ 120. To Preserve the Law, Dt. 4 2 
Deuteronomic Codes 

Dt. 4 2 Ye shall not add to the words which I command you, neither 
shall ye take anything from it, that ye may keep the commands of Jehovah 
your God which I command you. 

§ 121. To Study and Remember the Law, Dt. 6 6 . 7 , ll 18 * W 
Deuteronomic Codes 

Dt. 6 6 These words which I command thee this day, shall be upon thy Con- 
heart; 7 and thou shalt impress them upon thy children, and shalt talk of fncufca- 
them when thou sittest in thy house, and when thou walkest by the way, tion 
and when thou liest down, and when thou risest up. prin- 

1 1 18 Theref ore ye shall lay up these my words in your heart and in your of P t hJ 
soul. law 

§ 122. To Wear Constant Reminders of the Law, Dt. 6 8 . 9 , 22 12 [ll 18b - 20 ], 

Nu. 15 37 - 41 
Deuteronomic Codes 

Dt. 6 8 Thou shalt bind the [words of Jehovah] as a reminder on thy hand, Ever- 
and have them as bands on thy forehead between thine eyes, 9 and thou P e resent 
shalt write them on the posts of thy house and on thy doors. minders 

22 12 Thou shalt make for thyself tassels d on the four corners of the law 
covering e with which thou coverest thyself. f 

Holiness Code 

Nil. 15 37 Jehovah gave this command to Moses: 38 Speak to the Israelites, and 
bid them make for themselves tassels on the borders of their garments 8 
throughout their generations, and that they put upon the tassel of each cor- 

§ 121 Cf. also § 56. Dt. II 19 is a duplicate of 6 7 . 

§ 122 Cf. also § 56. Dt. ll 18b is a duplicate of 6 8 and ll 20 of 6 9 . 

d Dt. 22 12 Lit., twisted cords, as in I Kgs. 7 17 . In later times these were made of eight 
threads of white wool and were tied at regular intervals in four double knots. 

e Dt. 22 12 /. e., the outer shawl or mantle, the modern abaye, to the four corners of which 
the tassels were fastened. 

f Dt. 22 12 The meaning of these symbols is explained in the following passage from 
Nu. 13 39 . 

* Nu. 15 38b The brief section here introduced appears from its language and spirit to 
have been taken from the Holiness Code. It is also closely parallel to Ezek. 6 9 . It probably 
reflects an old custom, which appears to be assumed as well as known in Dt. 22 12 . The Asi- 
atics pictured on the early Egyptian monuments wear tassels, so that the custom may have 
been introduced by the ancestors of the Hebs. 

139 



Nu. 15 3 »] NATIONAL OBLIGATIONS 

Holiness Code 

ner a cord of blue; h 39 and it shall serve you as a tassel, that ye may look 
upon it, and remember all the commands of Jehovah, and do them, and 
that ye do not follow your own inclinations and desires 1 in accordance with 
which ye used to play the harlot ;J 40 that ye may remember and do all my 
commands, and be consecrated k to your God. 41 I am Jehovah your God, 
who brought you out of the land of Egypt, to be your God : I am Jehovah 
your God. 

§ 123. To Follow Its Commands, Dt. 5 1 . 32 - 33 , 6 1 - 3 . 16 . 17 ,7 U . 12 , 8 l . 514 , 10 12 . ", 

Y\}, 8, ». 28.32 2(J16, 17 O7IO, 26 4,5, 6 3Q15. 16 Ley. 18 4 ' S > 28 19 19 ». 27 20 8 - 22 25 18 ' 19 

Deuteronomic Codes 

The Dt. 5 1 Moses summoned all Israel, and said to them, Hear, O Israel, 

heeding tne statutes and the ordinances which I speak in your ears this day, that ye 
Jeho- ma y learn them, and take heed to do them. 32 Ye shall take heed to do 1 as 
com- Jehovah your God hath commanded you ; ye shall not turn aside to the right 
mands or to t k e } e f t 33y e shall do all that Jehovah your God hath commanded 
you, that ye may live, and that it may be well with you, and that ye may live 
long in the land which ye shall possess. 

6 x Now this is the command, the statutes, and the ordinances, which 

Jehovah your God commanded to teach you, that ye might do them in the 

land which ye go over to possess; 2 that thou mightest fear Jehovah thy God, 

to keep all his statutes and his commands, which I command thee, together 

with thy son, and thy son's son, all the days of thy life; and that thou mayst 

live long. 3 Hear therefore, O Israel, and take heed to do it, that it may be 

well with thee, and that ye may become exceedingly many, as Jehovah the. 

God of thy fathers hath promised thee, in a land abounding in milk and 

honey- 

Of 16 Ye shall not test Jehovah your God as ye tested him at Massah. m 17 Ye 

?S- nS snau diligently keep the commands of Jehovah your God, and his testimonies 

fully and his statutes, which he hath commanded thee. 

them 7 n Thou shalt therefore keep the commands, and the statutes, and the 

ordinances, which I command thee this day, to do them. 12 And if ye hearken 
to these ordinances, and keep and execute them, Jehovah thy God will keep 
with thee the covenant and the mercy which he promised by oath to thy 
fathers. 

8 l A\\ the command which I command thee this day shall ye take heed 
to do, that ye may live and become numerous, and go in and possess the 
land which Jehovah promised by oath to your fathers. 

h Nu. 15 33 /. e., the threads with which the tassels were fastened to the mantle. 

' Nu. lo 39 Lit., heart and eyes. 

i Nu. 15 39 The Heb. text is exceedingly awkward. The reference is evidently to some 
form of apostasy. 

kNu. 15 40 Lit., holy. 

§123 The multiplicity of these injunctions illustrates the emphasis put upon the law, 
and especially the written law, from the days of Josiah. 

1 Dt. 5 32 Lit., to walk in the way. So also in 33 . 
■» Dt. 6 16 Cf. Ex. 17 2 . '. 

140 



ever to 
remem- 
ber 
them 



TO FOLLOW COMMANDS OF THE LAW [Dt. 8 5 

Dcuteronomic Codes 

^Know, then, in thy heart, that as a man disciplineth his son, so Jehovah Duty 
thy God disciplineth thee. 6 And thou shalt keep the commands of Jehovah 
thy God, to walk in his ways, and to fear him. 7 For Jehovah thy God is 
bringing thee into a good land, a land of watercourses, of fountains and 
springs, flowing forth in vales and hills; 8 a land of wheat and barley, and 
vines and fig-trees and pomegranates; a land of olive trees and honey; 9 a 
land wherein thou shalt eat bread without scarcity, in which thou shalt lack 
nothing; a land whose stones are iron, and out of whose hills thou mayst 
dig copper. 10 And thou shalt eat and be full, and thou shalt bless Jehovah 
thy God for the good land which he hath given thee. n Beware lest thou 
forget Jehovah thy God, in not keeping his commands, and his ordinances, 
and his statutes, which I command thee this day : 12 lest, when thou hast 
eaten and art satisfied, and hast built beautiful houses, and art dwelling in 
them; 13 and when thy herds and thy flocks become numerous, and thy silver 
and thy gold is plentiful, and all that thou hast is multiplied, 14 then thy 
heart be filled with pride, n and thou forget Jehovah thy God, who brought 
thee forth out of the land of Egypt, out of the house of bondage. 

10 12 And now, Israel, what doth Jehovah thy God require of thee, but To 
to fear Jehovah thy God, to walk in all his ways, and to love him, and to ^~ ess 
serve Jehovah thy God with all thy heart and with all thy soul, 13 and keep 1( j7 e d ^_ y 
the commands of Jehovah, and his statutes, which I command thee this ence 
day for thy good ? 

11 1 Therefore thou shalt love Jehovah thy God, and keep his charge, 
and his statutes, and his ordinances, and his commands at all times. 

8 Therefore ye shall keep all the command which I command thee this 
day, that ye may be strong, and go in and possess the land, which ye are 
going over to possess; 9 and that ye may live long in the land which Jehovah 
promised by oath to give to your fathers, and to their descendants, aland 
abounding in milk and honey. 

26 See, I set before you this day a blessing and a curse : 27 a blessing, if ye 
will hearken to the commands of Jehovah your God, which I command you 
this day; 28 and the curse, if ye shall not hearken to the commands of Jehovah 
your God, but turn aside out of the way which I command you this day, in 
order to go after other gods, which ye have not known. 29 And when Jehovah 
thy God shall bring thee into the land which thou art going to possess, thou 
shalt set the blessing upon Mount Gerizim and the curse upon Mount Ebal.° 
32 And ye shall give heed to all the statutes and the ordinances which I set 
before you this day. 

26 16 This day Jehovah thy God commanded thee to do these statutes Solemn 
and ordinances; thou shalt, therefore, keep and do them with all thy heart, tio/to 
and with all thy soul. 17 Thou hast caused Jehovah to say this day that he obe y 
will be thy God, and that thou wilt walk in his ways and keep his statutes, 
and his commands, and his ordinances, and hearken to his voice. 2 7 10 Thou 

» Dt. 8" LH., thy heart be lifted up. 

° Dt. II 29 Vss. 3°. 31 are here omitted, since they add only a local geographical coloring. 

141 



Dt. 27 10 ] NATIONAL OBLIGATIONS 

Deutcronomic Codes 

shalt therefore obey the voice of Jehovah thy God, and do his commands, 
and his statutes, which I command thee this day. 

2(3 Cursed be he that confirmeth not the words of this law to do them. 
Re- 4 5 Behold, I have taught you statutes and ordinances, even as Jehovah 

obedi-° mv God commanded me, that ye should do so in the midst of the land which 
ence ye are going in to possess. 6 Keep, therefore, and do them; for this is your 
wisdom and your understanding 15 in the sight of the peoples that shall hear 
all these statutes, and say, Surely this great nation is a wise and understand- 
ing people. 

30 15 See, I have set before thee this day life and prosperity, and death 
and calamity; lf) in that I command thee this day to love Jehovah thy God, 
to walk in his ways, and to keep his commands and his statutes and his or- 
dinances, that thou mayst live and become numerous, and that Jehovah 
thy God may bless thee in the land which thou art going in to possess. 

Holiness Code 

Reit- Lev. 18 4 Mine ordinances shall ye execute, and my statutes shall ye 

fnjunc- keep, to follow them : I am Jehovah your God. 5 Ye shall therefore keep 
tions m y statutes, and mine ordinances; which if a man do he shall live by them : 

to keep T x , ! 

the 1 am Jehovah. 

com- 6 26 Keep my statutes and mine ordinances and let neither the native born 

mands nor the alien residing among you do any of these abominable things. 

19 19a Ye shall keep my statutes. 

27 Ye shall observe all my statutes, and all mine ordinances, and do them : 
I am Jehovah. 

20 8 Ye shall keep my statutes, and do them : I am Jehovah who sancti- 
fieth you. 

22 Ye shall therefore keep all my statutes, and all mine ordinances, and 
do them, that the land, whither I bring you to dwell, may not cast you forth. 

25 18 Ye shall execute my statutes and keep my ordinances and do them; 
19 then ye shall dwell in the land securely, and the land shall yield its fruit 
and ye shall eat your fill and dwell in it securely. 

§124. To Make No Heathen Alliances, Ex. 34 12 - 13 i 15 - 18 ', 23 31b - 33 , Dt. 7 1 -* 

Deideronomic Codes 
No Ex. 34 12 Take heed to thyself, lest thou make a covenant with the in- 

withT habitants of the land to which thou art going, lest it be a source of corrup- 

hea- 

then 

peo- p Dt. 4 6 /. e., evidence of your wisdom and insight. 

Pies § 124 In the earlier days of Israel's history alliances with other nations were common 

and only a few of the more zealous prophets protested, even though alliances in the ancient 
Semitic world meant the recognition of the gods of the allied peoples. From the days of the 
exile the principles proclaimed by Elijah and the expostulations of Hos., Is. and Jer. were 
reinforced by the painful outcome of the alliance with Egypt, so that the doctrine of no alli- 
ances gained popular acceptance, at least among the Jews of the dispersion. Cf. also note 
§44. 

142 



TO MAKE NO ALLIANCES [Ex. 34 12 

Deuteronomic Codes 

tion in thy midst; 13 but ye shall break down their altars, and dash in pieces 
their pillars, and cut down their asherahs.Q 

23 31b I will deliver the inhabitants of the land into thy power; and thou 
shalt drive them out before thee. 32 Thou shalt make no covenant with 
them nor with their gods. 33 They shall not dwell in thy land, lest they 
make thee sin against me ; for if thou serve their gods, it will surely be a source 
of corruption to thee. 

Dt. 7 1 When Jehovah thy God shall bring thee into the land which thou No 
art going to possess, and shall clear away many nations before thee, the mar-" 
Hittites, the Girgashites, the Amorites, the Canaanites, the Perizzites, the ™f t ^ s 
Hivites, and the Jebusites, seven nations greater and mightier than thou, hea- 
2 and when Jehovah thy God shall deliver them into thy hands and thou peo " 
shalt smite them, then thou shalt completely destroy them without mak- P les 
ing any terms with them or showing any mercy to them. 3 Neither shalt 
thou make marriages with them; thy daughter thou shalt not give to his 
son, nor shalt thou take his daughter as a wife for thy son. 4 For he will 
turn away thy son from following me, that they may serve other gods; thus 
will the anger of Jehovah be aroused against you, and he will destroy thee 
quickly. 



§ 125. To Be a Holy Nation, Ex. 22 31a , 19 6a , Dt. 7 6 [14 2 - 21c ], 18 13 , 26 18 - 19 , 28 9 . 10 , 

Lev. 19 2 , 20 26 M 

Primitive Codes 

Ex. 22 31a Ye shall be holy men to me. 

Deuteronomic Codes 

Ex. 19 6a Ye shall be to me a kingdom of priests, and a holy nation. Israel's 
Dt. 7 6 Thou art a people holy to Jehovah thy God; Jehovah thy God chmcT 
hath chosen thee out of all the peoples that are on the face of the earth to an . d . 

. , . ,. . » mission 

be to him a peculiar people: r 

18 13 Thou shalt be perfect s with Jehovah thy God. 

26 18 And Jehovah hath caused thee to say this day that thou wilt be to 
him a peculiar people, as he hath promised thee, and that thou shouldst 
keep all his commands; 19 and that he will set thee high above all nations 

<i Ex. 34 12 ' l3 The language of a Deuteronomic editor is clearly apparent in this section. 
So also in 23 31b " 33 . 

§ 125 The conception of Jehovah's holiness, and its corollary the holiness of his people is 
exceedingly prominent in the literature just before the exile, cf . Introd., pp. 37, 38. In the Holi- 
ness Code it becomes the chief basis of ethics. Its origin is not entirely clear. Undoubtedly 
Is. gave a great emphasis to the doctrine, cf. Is. 6. The oldest expression of it in the legal 
literature is probably found in Ex. 22 31a , in connection with the ceremonial command not to 
eat any flesh that is torn by beasts in the field, although by some this vs. is regarded as a later 
addition because the law is cast in the plural rather than in the second person singular, as 
in the oldest decalogue. The striking passage, Ex. 19 6a , probably comes from a late prophetic 
editor, cf. Vol. I, note § 75. 

r Dt. 7 6 Dt. 14 2 21 are duplicates of this vs. 

8 Dt. 18 13 /. e., without physical, but especially moral blemish 

143 



Dt. 2(> 19 ] NATIONAL OBLIGATIONS 

Deuteronomic Codes 

which he hath made, as a praise, and a name, and an honor; and that thou 
maysl be a people holy to Jehovah thy God as he hath promised. 

28 -'Jehovah will establish thee as a people holy to himself, as he hath 
sworn to thee, if thou wilt keep the commands of Jehovah thy God, and walk 
in his ways. '"And all the peoples of the earth shall see that thou dost bear 
the name' of Jehovah: and they shall be afraid of thee. 

Holiness Code 

Lev. 1 1) -Ye shall be holy, for I Jehovah, your God, am holy. 
20 26 Ye shall be holy to me, for I, Jehovah, am holy and have separated 
you from the peoples that ye may be mine. 



II 
INDIVIDUAL OBLIGATIONS 

§ 126. Reverence, Dt. 5 29 , 6 24 , 8 6 [4 10 . 6 2 . 1013 , 10 12 - 20 , 13 14 , 14 23 , 17 19 , 31 12 . 13 ], 

Lev. 19 32b [25 17b ] 

Deuteronomic Codes 
To Dt. 5 29 Oh, that there were such a heart in them that they would fear 

hum- me > an d keep all my commands at all times, that it might be w T ell with them, 
| : |y and with their children forever ! 
(Jod 6 24 Jehovah commanded us to do all these statutes, to fear Jehovah our 

God, for our good at all times, that he might preserve us alive, as to-day. 
8 6 Thou shalt keep the commands of Jehovah thy God, to walk in his 

ways and to fear him. 

Holiness Code 

Lev. 19 32b Thou shalt fear thy God : I am Jehovah. 

§ 127. Gratitude, Dt. 6 1012 , 8 10 . 19 

Deuteronomic Codes 

Tore- Dt. 6 10 \Yhen Jehovah thy God shall bring thee into the land which he 
beMlie promised by oath to thy fathers, Abraham, Isaac, and Jacob, to give thee, 
e f U }f e great and attractive cities, which thou hast not built, n and houses full of 

bless- 

in 8 8 i Dt. 28 10 Lit., art called by. 

Individual Obligations. — In these commands the national and individual obligations are 
closely blended. 

§ 120 The lawgivers, like the sages, declared that an attitude of genuine reverence and 
piety toward God was essential to all right thinking and doing. In nearly a score of paBMgM 
confined to the Deuteronomic and Holiness codes, they emphasize the fundamental impor- 
tance of the attitude, not of cringing terror, but of fear inspired by a true appreciation of the 
divine character — a fear which keeps its possessor from all acts of wilful disobedience and 
guides him in the way of intelligent, loyal service. 

144 



GRATITUDE TO JEHOVAH [Dr. 6 11 

Dcutvronomic Codes 

all good things, which thou hast not filled, and cisterns hewed out, which thou 
hast not hewed out, vineyards and olive-trees, which thou hast not planted, 
and thou shalt eat and be full, 12 then beware lest thou forget Jehovah, who 
brought thee forth out of the land of Egypt, out of the house of bondage. 

8 10 When thou shalt eat and be filled, then bless Jehovah thy God for 
the good land which he hath given thee. 19 But if thou dost forget Jehovah 
tby God, and dost follow other gods and serve and worship them, I bear 
witness against you this day that ye shall surely perish. 

§ 128. Loyalty, Ex. 34 14 , 23 13 , Dt. 5 6 
Primitive Codes 

Ex. 34 14 Thou shalt worship no other God; for Jehovah, whose name To give 
is Jealous, is a jealous God. vah°un- 

divided 

Deuteronomic Codes glance 

Ex. 23 13 Concerning all the things that I have said to you take heed; 
and make no mention of the name of other gods, neither let it be heard from 
thy mouth. a 

Dt. 5 6 I am Jehovah thy God who brought thee out of the land of 
Egypt, out of the house of bondage. 7 Thou shalt have no other gods besides 
me. 

§ 129. Obedience, Dt. 6 18 19 , 10 14 - 16 , 30 8J0 
Deuteronomic Codes 

Dt. 6 18 Thou shalt do that which is right and good in the sight of Je- To give 
hovah, that all may be well with thee, and that thou mayest go in and pos- whole- 
sess the good land which Jehovah promised by oath to thy fathers, 19 to hearted 
clear away all thine enemies from before thee, as Jehovah hath promised. ence 

10 14 Behold to Jehovah thy God belongeth the heaven and the heaven 
of heavens, b the earth with all that is therein. 15 Nevertheless Jehovah 
set his love on thy fathers and he chose their descendants after them, even 
you out of all peoples, as at this time. 16 Therefore open your heart d to him 
and no longer be stiff-necked. 

30 8 Thou shalt return and obey the voice of Jehovah, and do all his To en- 
commands which I command thee this day. 9 And Jehovah thy God will l^ the 
give thee in rich abundance e all the work of thy hand, the fruit of thy body, fl ™ ts 
and the fruit of thy cattle, and the fruit of thy ground, for good; for Jehovah obedi- 
will again rejoice over thee for good, as he rejoiced over thy fathers; 10 if ence 

* Ex. 23 13 The language and thought reveal the late prophetic origin of this passage. 

b Dt. 10 14 /. e., the highest heavens. Cf. later reflections of this noble passage in I Kgs. 
8", II Chr. 2 6 , Neh. 9 6 , Ps. 68 34 , 148 4 . 

c Dt. 10 18 Lit., attached to thy fathers to love them. 

d Dt. 10 16 Lit., circumcise the foreskin of your heart, i. c, remove the impediments which 
make it irresponsive to the divine commands, cf . Jer. 4 4 , Ezek. 44 7 > 9 . 

e Dt. 30 8 Lit., will make thee have in excess. 

145 



Dt. 30 10 ] INDIVIDUAL OBLIGATIONS 

Deuteronomic Codes 

thou shalt obey the voice of Jehovah thy God, to keep his commands and 
his statutes which are written in this book of the law; if thou turn to 
Jehovah with all thy heart, and with all thy soul. 

§ 130. Love, Dt. 6* 5 , 10 12 , ll 1 . 1315 , 30 16 W- 20 i 
Deuteronomic Codes 

To love Dt. 6 4 Hear, O Israel : Jehovah our God is one Jehovah. f 5 Therefore 
with all tnou shalt love Jehovah thy God with all thy heart, and with all thy soul, 
thv and with all thy might. 

10 12 And now Israel, what doth Jehovah thy God require of thee, but 
to fear Jehovah thy God, to walk in all his ways, and to love him and to 
serve Jehovah thy God with all thy heart and with all thy soul. 

11 therefore thou shalt love Jehovah thy God, and keep his charge, 
and his statutes, and his ordinances, and his commands, at all times. 

13 If ye hearken diligently to my commands which I command you this 
day, to love Jehovah your God and to serve him with all your heart and 
with all your soul, 14 I will give the rain of your land in its season, the earlier 
rain and the later rain, that thou may est gather in thy grain, thy new wine, 
and thine oil. 15 And I will give grass in thy field for thy cattle, and thou 
shalt eat and be filled. 

30 16 I command thee this day to love Jehovah thy God, to walk in his 
ways, and to keep his commands and his statutes and his ordinances, that 
thou mayest live and become numerous, and that Jehovah thy God may 
bless thee in the land which thou art going in to possess. 

§ 131. Service, Ex. 23 25 *, Dt. 6 13 , 10 12 . 20 [ll 1315 ] 
Deuteronomic Codes 

Also Ex. 23 25a Ye shall serve Jehovah your God. 

gg rve Dt. 6 13 Thou shalt fear Jehovah thy God, and him shalt thou serve, 

him and shalt swear by his name. 

all thy 10 12 And now Israel, what doth Jehovah thy God require of thee, but 

talents tQ f ear jg^Qy^ thy God, to walk in all his ways, to love and to serve Jehovah 
thy God with all thy heart and with all thy soul ? 20 Thou shalt fear Jehovah 
thy God; him shalt thou serve; and to him shalt thou cleave, and by his 
name shalt thou swear. 

§ 130 Love, pure and strong, commanding the intelligence and emotions and physical 
strength of the individual, is made the basis of all law and religion in the great prophetic codes 
of Dt., as well as in the teaching of the divine Prophet of Nazareth, Mk. 12 29 - 30 

f Dt. 6 4 /. e., is unique among all gods. Possibly it was also intended to proclaim that 
Jehovah was the one true God. 



146 



CEREMONIAL LAWS 



CEREMONIAL LAWS 

A 

Sacred Objects and Shrines 

I 
THE ARK AND TENT OF MEETING OR DWELLING 

§ 132. The Ark, Nu. 10 33a . <».«. 35 . 3 e, Dt. 10 15 , 31 2426 , Ex. 25 1022 
Primitive Codes 

Nu. 10 33a - c - e As the Israelites journeyed, the ark of Jehovah went Symbol 
before them to seek out a halting place for them. 35 And whenever the hovah's 
ark started, Moses would say, P r °-. 

^ tecting 

Arise, O Jehovah, P res 



And let thine enemies be scattered ; 

And let those who hate thee flee before thee. 



ence 



Sacred Objects and Shrines. — The tendency to associate the gods with certain places 
and objects was universal in antiquity, and still holds its sway in certain parts of the Orient. 
Something concrete and objective was required to make the faith of the worshippers real and 
personal. Among the primitive Semites, as among all early peoples, the most common sacred 
objects were springs, trees and stones, for each aroused the wonderment and awe of primitive 
man, and suggested the special presence of a deity. The water gushing from the barren rock 
was a never-ending miracle, which also brought life and refreshment to thirsty man. The 
tree, springing likewise from the dark, seemingly lifeless earth, was regarded as a symbol of 
the life-giving power of the god. Hence sacred trees, or their symbols, the asherahs or poles, 
were found beside nearly every ancient Semitic shrine. 

The dwellers in the wilderness or in rocky Palestine also saw in the great stones — solid, 
immovable, defying storm and change through the centuries — the abiding-place of the deity. 
Sometimes the basis of the belief appears to have been the unusual form or character of the 
stone. Meteoric stones, like the sacred one at Mecca, naturally attracted the attention of 
early man. On their face they bore the evidence of their unique origin. If they had been 
seen to fall, a blazing ball of fire from heaven, their divine character was at once established.' 
If a special revelation was given beside some stone, as, for example, in the tradition of Jacob 
at Bethel, the stone forever afterward was regarded as sacred. In Phoenicia and ancient 
Canaan there were many such bethels, houses of god, stones in which the deity was thought 
to dwell. In many cases a sanctuary grew up about the sacred stone, as at Bethel and Mecca; 
thus many of the ancient temples appear to have come into existence. 

§ 132 Sacred arks were in common use among the ancient Semitic peoples. Among the 
Babylonians they were made in the shape of ships, and were carried in the sacred processions. 
They were used for the transportation of the images of the gods on both land and water. The 
ship of the Babylonian god Nabu was also provided with a captain and crew. Often in later 
times these ships or arks were richly adorned and studded with precious stones. 

It is only in one of the latest priestly sources, where the tendency to idealize is strong, 
that the Hebrew ark is represented as covered with gold. In the Deuteronomic code it is 
simply a box of acacia wood. Probably the true dimensions are represented by the later tra- 
dition; about four feet long by two and one-fourth in width and depth. In -the oldest sources 
it is called the ark of Jehovah or the ark of God, and was evidently regarded as the abiding- 
place of the Deity. Whether or not this belief was originally due to the fact that it contained 
two sacred stones — possibly meteoric in character — can never be determined. It has also 
been urged that it once contained an image of the god worshipped by the ancestors of the 
Hebrews. A later, and yet comparatively early tradition asserts that it was the repository of 



149 



Nu. 10»>] ARK AND TENT OF MEETING 

Primitive Codes 

98 And when it rested he would say, 

Return, O Jehovah, 

To the ten thousands of thousands of Israel. 

Deuteronomic Codes 

Reposi- Dt. 10 J At that time Jehovah said to me, Hew thee two stone tablets 

of r the n ^e the first, and come up to me in the mountain, and make an ark of wood. a 

two 2A n d I will write on the tablets the words that were on the first tablets which 

of b the S thou didst brake, and thou shalt put them in the ark. 3 So I made an ark 

law of acacia wood and hewed two stone tablets like the first and went up into 

the mountain, having the two tablets in my hand. 4 And he wrote upon the 

tablets, in the same writing as before, the ten words b which Jehovah spoke 

to you in the mountain out of the midst of the fire in the day of the assembly. 

And Jehovah gave them to me. 5 Then I turned and came down from the 

mountain, and put the tablets in the ark which I had made; and there they 

are as Jehovah commanded me. c 

Of the Dt. 31 24 When Moses had made a final end of writing the words of this 

J^j tten law d in a book, 25 he gave this command to the Levites, who bore the ark of 

the covenant of Jehovah: 26 Take this book of the law and put it beside the 

ark of the covenant of Jehovah your God, that it may be there as a witness 

against you. e 

Priestly Codes 

Form Ex. 25 10 They shall make an ark of acacia wood : two cubits and a half 

3?men- shall be its length, and a cubit and a half its width, and a cubit and a half 

sionsof ^s height. n And thou shalt overlay it with pure gold, both within and 

,e ark without, and thou shalt make on the top of it round about a projecting rim 



the two tablets of the law. Accordingly in the Deuteronomic source it was called the ark 
of the covenant of Jehovah and in the priestly, the ark of the testimony. In the days of the 
settlement in Canaan, however, the ark figures in its ongmal role as the abiding-place of the 
Deity and, therefore, in popular thought, as the invincible palladium which would bring victory 
to the Hebrews, I Sam. 4-6, cf. Vol. II, § 4. On the whole the earliest allusions to the ark 
favor the conclusion that it was an empty throne supported and guarded by cherubim. The 
base was a wooden chest, which could be easily transported. This implication is strongly 
supported both by the use of arks among other Semitic peoples and by the late priestly tradition 
in Ex. 25 22 . For further data, cf. Dibelius, Die Lade Jahves. 

The history of the ark is only imperfectly recorded. There are no strong reasons for 
doubting the testimony of the early traditions, which trace its origin back to the period of the 
wilderness. Borne by the Hebrews in their advance to Canaan, it appears to represent in 
primitive thought the transfer of Jehovah from Sinai to Canaan, where he subsequently dwells 
with his people. After various experiences, it at last found a resting place in David's capital 
and became the central object of Solomon's temple. Possibly it was carried away by the 
Egyptian invader, Shish&k, or survived until the destruction of the temple in 586 B.C., but 
more probably, in the damp climate of Palestine, it in time decayed and fell to pieces. The 
surprising fact is that the late priestly school revived and glorified the traditions of this symbol 
which came from the half-heathen past, and gave it a central place in their idealized history. 
Cf. for a possible explanation note § 134. . _ 

a Dt. 10 1 " 3 These vss. are practically a repetition of the early Judean narrative of. Ex. 
34 1 "*, except that the latter contain no reference to the ark. Probably the original primitive 
code contained brief directions for the making of the ark, for which a late editor substituted 
the priestly version. 

b Dt. 10 4a This is a repetition of Ex. 34 28 »>. 

c Dt. 10 1 " 5 These vss. evidently belong to one of the later passages of Dt. 

d Dt. 34 24 /. e., the original Deuteronomic law. 

• Dt. 31 24 " 26 These vss. are a later variant of 31 »- 13 . 

150 



THE ARK [Ex. 25 11 

Priestly Codes 

of gold. 12 And thou shalt cast for it four rings of gold and put them on its 
four feet, there shall be two rings on each side of it. 13 And thou shalt make 
poles of acacia wood, and overlay them with gold. 14 And thou shalt put 
the staves into the rings on the sides of the ark, in order with these to carry 
the ark. 15 The poles shall be left in the rings of the ark; they shall not be 
taken from it. 16 And thou shalt put the law f into the ark which I shall 
give. 17 And thou shalt make a cover of g pure gold : two and a half cubits 
long, and a cubit and a half wide. 18 And thou shalt make two cherubim h of 
gold — of beaten work shalt thou make them — at the two ends of the cover. 
19 And thou shalt fasten a cherub to each end ; on the cover thou shalt fasten 
the cherubim at its two ends. 20 And the cherubim shall hold their wings 
spread out on high, so that they will overspread the cover with their wings, 
while they face each other; the faces of the cherubim shall be turned toward 
the cover. 

21 And thou shalt place the cover upon the ark; and in the ark thou shalt Its use 
put the law that I shall give thee. 22 And there I will meet with thee, and I f^% d ' 
will commune with thee from over the cover; from the place between the two kter 
cherubim which are upon the ark of the law I will make known to thee all tioV" 
the commands which I will give through thee to the Israelites. 

§ 133. The Original Tent of Meeting, Ex. 33 511 
Primitive Codes 

Ex. 33 5 Jehovah said to Moses, Say to the Israelites, ' Ye are a wilful Origin 
people; if I go up into the midst of thee for one moment, I shall consume tint* 
thee, therefore put off thy ornaments from thee, that I may know what to 
do to thee.' 6 So the Israelites despoiled themselves of their ornaments from 
Mount Horeb onward, and tvith these Moses made a tent. 

7 Now Moses used to take the tent and pitch it outside the camp at some Its use 
distance from the camp, and he called it the tent of meeting, And whenever wiider- 
anyone wished to consult Jehovah, he would go out to the tent of meeting, ness 

f Ex. 25 16 Lit., testimony, the late priestly collective term for the law. 

e Ex. 25 17 The traditional translation is, mercy-seat, but the Heb. word comes from a 
root meaning to cover. The fact that this word usually has a symbolic and theological signifi- 
cation, is the basis of the current translation. 

h Ex. 23 18 The cherubim, like the colossi which guarded the Assyrian and Babylonian 
palaces or the bulls overlaid with gold in the sanctuaries of Dan and Bethel in the days of 
Jeroboam I, were symbolic of strength, the wings of a bird, of swift flight, and the faces of 
men, of intelligence. All these elements belonged to the common Semitic symbolism of the age. 

§ 133 As has already been shown in Vol. I, note § 79, the older prophetic and the late 
priestly narratives give two distinct pictures of the tent of meeting. According to the early 
Ephraimite prophetic account of Ex. 33 5 " 11 , it is small and stands outside the camp at a dis- 
tance, and is in charge of Moses' attendant Joshua; but according to the priestly tradition in 
Ex. 35-40 and Nu. 2 it is an exceedingly elaborate structure, stands in the midst of the camp, 
and may be entered only by the sons of Aaron. The allusions in the earlier version indicate 
that it was originally preceded by an account of its construction; but the late priestly editor 
of Ex. has left it out, because he was chiefly interested in the later detailed tradition of its 
form and structure, now found in Ex. 35-40. 

That there was some simple portable tent for the ark, and that the sacred stones used in 
casting the lot were kept in connection with it seem exceedingly probable in the light of the 
testimony of the comparatively early traditions. To this tent the people would naturally re- 
sort to determine the divine will through Moses. These facts appear to be the basis of the 
familiar later tradition of the dwelling or tabernacle. 

151 



Ex. 33 7 ] ARK AND TENT OF MEETING 

Primitive Codes 

which was outside the camp. 8 And whenever Moses went out to the tent, 
all the people would rise and stand, every man at his tent door, and look 
after Moses until he had gone into the tent. 9 And when Moses had entered 
into the tent, the pillar of cloud would descend and stand at the door of the 
tent, while Jehovah spoke with Moses. 10 And whenever the people saw 
the pillar of cloud standing at the door of the tent, every man stood up and 
worshipped, each at his tent door. n Thus Jehovah used to speak with 
Moses face to face, as a man speaks to his friend. Then he would return to 
the camp; but his attendant Joshua, the son of Nun, a young man, did not 
leave the tent. 

§ 134. The Post-Exilic Conception of the Tent of Meeting or Dwelling, 

Ex. 25 1 - 9 , 26 1 " 33 
Priestly Codes 

Mate- Ex. 25 1 Jehovah said to Moses, 2 Command the Israelites that they take 

the ° r f° r me a special offering; from every man whose heart maketh him willing 

dwell- ve shall take my offering. 3 And this is the special offering which ye shall 

take from them : gold, silver, brass, 4 violet, purple, and red cloth, fine linen, 

goats' hair, 5 rams' skins dyed red, Egyptian leather, acacia wood, 6 oil for the 

light, spices for the anointing oil, and for the sweet incense, 7 onyx stones 

and precious stones for the ephod and for the breastplate. 8 And let them 

make me a sanctuary, that I may dwell among them. 9 Exactly as I show 

thee the plan of the dwelling and of all its furniture, even so shall ye make it. 

its cur- 26 Moreover thou shalt make the dwelling with ten curtains; of fine 

tains twined linen, and violet, and purple, and red cloth, with cherubim the work 

of the skilled artisans shalt thou make them. 2 The length of each curtain 

shall be twenty-eight cubits, and the width of each curtain four cubits : all 

§ 134 Careful biblical students have long recognized the idealistic elements in this priestly 
tradition, first current in certain Jewish circles eight centuries after the days of Moses. In 
general character it is parallel to the Chronicler's idealized and glorified accounts of the days 
of David and Solomon and the pre-exilic temple. Cf. Vol. I, pp. 22-28. Gold and silver 
and gorgeous fabrics take the place of the plain wood, and goats' hair cloth which the desert 
life alone affords. Moses' attendant Joshua and the simple customs of the earlier age and 
narratives are supplanted by a highly developed priesthood and ritual. The institutions and 
ceremonial ideas of the post-exilic age are again projected back into the primitive life of the 
wilderness, that their origin and authority may be traced to Moses, the traditional fountain 
of all law. The plan and furnishings of the dwelling are also modelled after those of the pre- 
exilic and post-exilic temple, simply being adapted to the supposed conditions of the wilder- 
ness wanderings. Throughout, that centralization of all worship into one sanctuary, which 
did not come until the days of Josiah, § 140, is assumed. 

It is not strange that there are occasional discrepancies. The conclusions of modern 
architects that a structure constructed on the plan here outlined would not bear its own weight 
is probably correct. To transport it a vast caravan of wagons and oxen would have been 
required. The complete absence of all reference to it in the pre-exilic literature, and the 
presence instead of the simple and very different tent of meeting, and many other convincing 
data confirm the conclusion that this account of the dwelling or tabernacle came from the 
minds of the late Jewish priests, familiar with the second temple 

The value of this elaborate description is insignificant compared with that of many other 
sections of the legal literature. In the past more attention has been devoted to it than it 
really deserves — often to the neglect of noble ethical laws, which possess a permanent value. 
The account of the dwelling and its furnishings and rites is important chiefly because it is an 
indirect picture of the second temple and of its institutions. The repetitious sections in Ex. 
31 111 , 35-40, which simply tell in the same language of the execution of the commands to 
build the dwelling, have not been reproduced. 

152 



THE POST-EXILIC CONCEPTION [Ex. 26 2 

Priestly Codes 

the curtains shall have the same measure. 3 Each set of five curtains shall 
be joined to each other. 4 And thou shalt make loops of violet on the edge 
of the outer curtain in the first set; and likewise shalt thou do with the edge 
of the outer curtain in the second set. 1 5 Fifty loops shalt thou make on the 
one curtain, and fifty loops shalt thou make on the edge of the curtain that 
is in the second set; j the loops shall be opposite one another. 6 And thou 
shalt make fifty clasps of gold, and join the curtains to each other with the 
clasps, that the dwelling may be one whole. 

furthermore thou shalt make curtains of goats' hair for a tent over the Outer 
dwelling; eleven curtains shalt thou make for that purpose. 8 The length f™ er ~ 
of each curtain shall be thirty cubits, and the width of each curtain four 
cubits; the eleven curtains shall have the same measure. 9 Thou shalt join 
five curtains by themselves, and the other six curtains by themselves, and 
the sixth curtain in the forefront of the tent thou shalt lay double. 10 More- 
over thou shalt make fifty loops on the edge of the outer curtain in the first 
set, and fifty loops on the edge of the outer curtain in the second set. k n And 
thou shalt make fifty clasps of brass, and put the clasps into the loops, and 
thus join the tent together, that it may be one whole. 12 And as for the 
excess 1 which remaineth of the curtains of the tent, the half curtain which 
remaineth, shall hang over the rear of the dwelling. 13 And the cubit on both 
sides, the excess length of the curtains of the tent, shall hang over both sides 
of the dwelling to cover it. 14 Thou shalt also make a protecting covering 
for the tent of rams' skins dyed red, and a protecting covering of Egyptian 
leather 111 above. 

15 Moreover thou shalt make the boards for the dwelling of acacia wood Sup- 
standing upright. 16 Ten cubits shall be the length of each 11 board, and a timber! 
cubit and a half the width of each board. 17 Each board shall have two 
tenons mortised to each other; thus shalt thou make all the boards of the 
dwelling. 18 Thou shalt make the boards for the dwelling, twenty boards 
for the south side facing southward. 19 And thou shalt make forty sockets 
of silver under the twenty boards; two sockets under each board for its two 
tenons; 20 and for the second side of the dwelling, facing northward, twenty 
boards, 21 with their forty sockets of silver; two sockets under each board. 
22 And for the rear of the dwelling westward thou shalt make six boards. 
23 And two boards shalt thou make for the corners of the dwelling at the rear. 
24 They shall be of equal size°> beneath, and likewise they shall be of equal 

1 26 4 Or, on the edge of the one curtain at the end, at the place of joining . . ., at the 
second place of joining. 

i 26 5 Or, that is, at the second place of joining. 

k 26 10 Or, edge of the outer curtain at the place of joining, . . . that is outermost at the 
second place of joining. 

1 26 12 Lit., Overhanging part. . . . 

m 26 H The exact meaning of the word is uncertain. It is probably of Egyptian derivation. 
The current translation, seal skins, is very doubtful. 

" 26 16 Ro Luc. and Syr. 

26 18 Luc, north side. 

p26 20 Luc. south side. . . . . , 

i 26 24 Heb., twins. The meaning may be that these corner boards are securely fastened 
to the adjoining boards of both the side and rear walls. 

153 



Ex. 2G 24 ] ARK AND TENT OF MEETING 

Priestly Codes 

size 1 " at the top even to the first ring; thus shall they both be made; they 

shall form the two corners. 25 So there shall be eight boards with their sockets 

of silver, sixteen sockets; two sockets under each board. 

neS~in ^Moreover thou shalt make bars of acacia wood; five for the boards on 

bars the one side of the dwelling, 27 and five bars for the boards on the other side 

of the dwelling, and five bars for the boards on the rear of the dwelling, 

facing westward. 28 The middle bar which holds the boards shall pass 

through from end to end. 29 And thou shalt overlay the boards with gold, 

and make their rings of gold as holders for the bars; and thou shalt overlay 

the bars with gold. 30 So thou shalt erect the dwelling according to its plan, 

as it was showed thee on the mountain. 

SIT" 3lFurtnerraore tn °u shalt make a veil of violet, purple, and red cloth and 

the 6611 fine twined linen; with cherubim, the work of the skilled artisan shalt thou s 

and make i,; -. 32 Thou shalt hang it upon four pillars of acacia overlaid with 

most gold; their hooks shall be of gold, upon four sockets of silver. 33 And thou 

place shalt hang the veil under the clasps, and thou shalt bring in thither, within 

the veil, the ark of the testimony; thus the veil shall serve you as a partition 

between the holy place and the most holy. 

§ 135. Furnishings of the Dwelling, Ex. 25 23 " 40 , 27 1 ' 8 [Nu. 8 4 1 
Ex. 30 17 - 21 . 1 - 6 , 26 3437 
Priestly Codes 

Table Ex. 25 23 Moreover thou shalt make a table 1 of acacia wood : two cubits 

show- long, a cubit wide, and a cubit and a half high. 24 Thou shalt overlay it 

bread w j t } 1 pure g ol( ^ anc j make t h ereon a C rown of gold round about. 25 Thou 

shalt also make for it a border of a handbreadth round about; and thou 

shalt make a golden crown for its border round about. 26 Then thou shalt 

make for it four rings of gold, and fasten the rings at the four corners that 

are on its four feet. 27 Close by the border shall the rings be, as holders for 

the staves whereby the table is borne. 28 And thou shalt make the staves of 

acacia wood, and overlay them with gold; with them shall the table be borne. 

29 Thou shalt also make for it dishes, and cups, and flagons, and bowls with 

which the libation is poured out; of pure gold shalt thou make them. 30 And 

thou shalt set showbread upon the table before me continually. 

Sndfe* 31 Moreover thou shalt make a candlestick of pure gold; of beaten work 

stick 6 shalt thou make 11 the candlestick, even its base and its shaft; its cups, and v 

its gourds, and its flowers shall be of one piece with it. w 32 And there shall 

r 26 24 So Sam. and Luc. Heb., entire. 

' 26* 1 So Luc. and Syr. Heb., shall he make it. 

§ 135 The diagram on the opposite page suggests the general plan and arrangements of the 
dwelling and its surrounding court. 

1 25 23 Luc, of pure gold and acacia wood. 
. , u . 253 ! So Luc. Sam. and Syr. Heb., shall be made. A briefer description of the candle- 
stick is also given in Nu. 8 4 . 

v 25 31 So Luc. Heb., its cups, its gourds and its flowers, i. e., its cuplike ornaments consist- 
ing of gourds and flowers. 

w 25 31 Lit., shall come forth from it. Cf. also Nu. 8 4 . 

154 



FURNISHINGS OF THE DWELLING 



[Ex. 25 32 



Priestly Codes 

be six branches going out from its sides : three branches of the candlestick 
from each side. 33 There shall be three cups made like almond-blossoms 
on each branch, consisting of a gourd and a flower; so for the six branches 
springing from the candlestick; 34 and on the candlestick four cups made like 
almond-blossoms, its gourds and flowers; 35 and a gourd under each pair of 
branches, of one piece with it, so a for the six branches springing from the 
candlestick. 36 Their gourds and their branches shall be one piece with it; 
the whole a single piece of beaten work of pure gold. 37 Thou shalt also 
make its lamps, seven; and thou b shalt set up its lamps that they may give 
light over against it. 38 And its snuffers and the snuffdishes, shall be of 
pure gold. 39 Of a talent of pure gold thou c shalt make it, with all these 
vessels. 40 And see that thou make them after their plan, which was shown 
thee on the mountain. 

21 x Thou shalt make the altar of acacia wood, five cubits long, and five Sacri- 
cubits wide; the altar shall be square and its height shall be three cubits. a i^ r 
2 And thou shalt make the horns for it on the four corners; the horns shall be JjJjJ^ l te 
of one piece with it; and thou shalt overlay it with brass. 3 And thou shalt sils 
make its pots for taking away its ashes, and its shovels and its basins, and 
its flesh-hooks, and its firepans; all its vessels shalt thou make of brass. 
4 And thou shalt make for it a grating of network of brass; and upon the net 
shalt thou make four brazen rings at the four corners. 5 And thou shalt put 
it under the ledge round the altar, that the net may reach half way up the 



a 25 3S So Luc. The Heb. omits, so. 

b 2537 So Luc. Heb., he shall. 

c 25 39 So Luc. Heb., shall he make it. 



NORTH 



-q — □ □ □ □ o □ □ □ □ O □ □ — □ O □ D LT 



MOST HOLY, 



L> 



1 1 1 1 1 1 1 1 1 M 1 1 



l — 1 Showbread 

n HOLY PLACE 

U Altar of 
Incense 
^> Candlestick 



I I I I I I I I I ITTTT 



a 



Great Altsir 



o u 



fruier of Brass 



nn nnnnn nnnnnnnn nn 



I, 



SOUTH 

PLAN OF THE DWELLING AND ITS COURT 
155 



Ex. 27*] TEXT OF MEETING OR DWELLING 

Priestly Codes 

altar. °Thou shalt also make staves for the altar, staves of acacia wood, 
and overlay them with brass. 7 And in carrying it, its staves shall be put 
into the rings, and the staves shall be upon the two sides of the altar. 8 Hol- 
low, with planks shalt thou make it; as it was shown to thee on the mountain 
shalt thou make it. 

Supplemental Priestly Codes 

Ex. 30 17 Jehovah also gave this command to Moses, 18 Thou shalt make 
a laver of brass, with its base of brass, to be used for washing. Thou shalt 
put it between the tent of meeting and the altar, and thou shalt put water in it, 
19 so that Aaron and his sons may wash their hands and their feet in it; ^when- 
ever they enter the tent of meeting, they shall wash with water, that they die 
not; or whenever they come near the altar to minister, to burn an offering 
made by fire to Jehovah. 21 So they shall wash their hands and their feet, 
that they die not. This shall be statute forever d for them, even for him 
and his descendants throughout their generations. 
Altar 30 l Moreover thou shalt make an altar upon which to burn incense; of 

cease acacia wood shalt thou make it. 2 A cubit shall be its length, and a cubit its 
width; it shall be square; and its height shall be two cubits; its horns shall be 
of one piece with it. 3 And thou shalt overlay it with pure gold, its top, and 
the sides round about, and its horns; and thou shalt make on it a rim e of 
gold round about. 4 And two golden rings shalt thou make for it under its 
rim, upon its two ribs; f upon the two sides of it thou shalt make them; and 
they shall serve g as holders for the staves with which to carry it. 5 And thou 
shalt make the staves of acacia wood, and overlay them with gold. 6 And 
thou shalt put it before the veil that is by the ark of the testimony, before the 
cover that is over the testimony, where I will meet with thee. 
Order Ex. 26 34 And thou shalt put the cover upon the ark of the testimony in 
range- the most holy place. 35 And thou shalt set the table without the veil, and 
the candlestick opposite the table on the south side of the dwelling; and thou 
shalt put the table on the north side. 36 Moreover thou shalt make a screen 
for the door of the tent, of violet, purple, and red cloth, and fine twined linen, 
embroidered work. 3 ~ And thou shalt make for the screen five pillars of acacia 
wood, and overlay them with gold; their hooks shall be of gold; and thou 
shalt cast five sockets of brass for them. 

d 30 21 Or, perpetual regulation. 

e 30 3 Border or crown. 

1 30 4 Upon its two ribs, is possibly secondary, a marginal note from 25 12 . 

*30 4 Luc. and Sam. Heb., it shall be. 



ment 



156 



FURNISHINGS OF THE DWELLING [Ex. 279 

§ 136. Court of the Dwelling, Ex. 27 919 

Priestly Code 

Ex. 27 9 Thus shalt thou make the court of the dwelling : for the southern Plan 
court there shall be hangings of fine twined linen a hundred cubits long on a d?men- 
side; 10 and its pillars shall be twenty, and their sockets twenty, of brass; 6ions 
the hooks of the pillars and their fillets shall be of silver. n And likewise 
for the north side h the hangings shall be a hundred cubits in length, and 
its pillars twenty, and their sockets twenty, of brass; the hooks of the pillars 
and their fillets, of silver. 12 And along the width of the court on the west 
side shall be hangings of fifty cubits; their pillars ten, and their sockets ten. 
13 And the court on the east side facing eastward shall be fifty cubits wide. 
14 The hangings for the one side shall be fifteen cubits, their pillars three, and 
their sockets three. 15 And for the other side there shall be hangings of 
fifteen cubits; their pillars three, and their sockets three. 16 And for 
the gate of the court there shall be a screen of twenty cubits, of violet, 
and purple, and red cloth, and fine twined linen, embroidered work; their 
pillars four and their sockets four. 17 A11 the pillars of the court round about 
shall be filleted with silver; their hooks also shall be of silver, but their sockets 
of brass. 18 The length of the court shall be a hundred cubits, and the width 
fifty cubits, and the height five 1 cubits. •> 19 A11 the utensils of the dwelling for 
all its service, and all its pins, and all the pins of the court, shall be of brass. 



II 
ALTARS AND TEMPLES 

§ 137. Ancient Altars and Places of Sacrifice, Ex. 20 24 - 26 [Dt. 27 57 ] 
Primitive Codes 

Ex. 20 24 An altar of earth shalt thou make for me, and shalt sacrifice on Direc- 
it thy burnt-offerings, and thy peace-offerings, thy sheep, and thine oxen; in Jegard- 



ing 
con- 



§ 136 This description is so much condensed that the meaning is not always clear. struc- 

h 27 11 So Luc. and Sam. The Heb. inserts, long. tion 

1 27 18 So Sam. Heb., five hundred. Luc, one hundred everywhere, and its width one an d 

hundred everywhere. use 

J 27 18 A scribe has added by mistake from 16 - 17 , of fine twined linen, and their sockets of 
brass. 

§ 137 This primitive law, reproduced with slight abridgement and variations in Dt. 27 5 " 7 
reflects vividly the primitive usage and point of view. The command not to hew with an iron 
instrument the stone used as an altar, probably finds its ultimate basis in the early belief that 
the numen or spirit of the deity dwelt in the rock upon which the blood of the sacrifice was 
poured, and that a blow might drive it away. Cf. I Kgs. 18 31 > 32 , Josh. 8 31 , I Sam. 14 32 ; 34 . 
It also reveals the earliest conception of sacrifice: the blood poured out upon the rock in which 
the spirit of the god resided established the bond between the deity and his subjects, who 
presented and also shared in the sacrifice, cf. note § 195. The ritualistic injunctions remained 
in force long after the naive, primitive ideas that suggested them had yielded to a broader 
faith. 

The variant version in Dt. reads: l There thou shalt build an altar for Jehovah thy God, 
an altar of stones; thou shalt swing no iron tool over them. ''Thou shalt build the altar of Je- 
hovah thy God of unhewn stones; and thou shalt offer burnt-offerings on it to Jehovah thy God. 
7 And thou shalt sacrifice peace-offerings, and shalt eat there; and thou shall rejoice before 
Jehovah thy God, 

157 



Ex. 20 24 ] ALTARS AND TEMPLES 

Primitive Codes 

every place, where I record my name, a I will come to thee and I will bless 
thee. 25 But if thou make me an altar of stone, thou shalt not build it of 
hewn stones; for if thou swing an iron tool over it, thou hast polluted it. 
26 Thou shalt not ascend by steps to mine altar, b that thy nakedness may 
not be uncovered before it. 

§ 138. Solomon's Temple, I Kgs. 6 2 " 6 . 8 . 9 . lfr - 35 
Temple Records 

Dimen- I Kgs. 6 2 The length of the temple which King Solomon built for Jehovah 
slons was sixty and its breadth twenty cubits, and its height thirty cubits. 3 And 
the porch before the large room of the temple was twenty cubits wide, cor- 
responding to the width of the temple, and ten cubits deep before the temple. 
4 And for the temple he made windows with narrowed frames. 
Side- 5 And around against the wall of the temple he built wings, both around 

beriT * ne ta r ger room and the inner room, and made side-chambers round about. 
6 The lower side-chamber was five cubits broad, and the middle six cubits 
broad, and the third seven cubits broad; for on the outside he made offsets 
around about the temple in order not to make an inset into the walls of the 
temple. 8 The entrance into the lower side-chambers was on the south 
side of the temple. And one could go up by winding stairs into the middle 
story, and from the middle into the third. 9 So he built the temple and 
finished it; and he covered the temple with cedar. 
Inte- 15 And he built the walls of the temple within with boards of cedar, from 

the floor of the temple to the rafters of the ceiling, overlaying them on the 
inside with wood; and he covered the floor of the temple with boards of 
cypress. 16 And he built off the back twenty cubits from the innermost part 
of the temple with boards of cedar from the floor to the rafters; he built it 
within for an inner room, even for the most holy place. 17 And the temple, that 
is the large room before the inner room, was forty cubits long. 18 And there 
was cedar in the interior of the temple, carving in the form of gourds and open flowers; 
all was cedar, no stone was seen. 19 And he prepared an inner room in the interior 
of the temple in order to place there the ark of the covenant of Jehovah. 20 And the 
inner room was twenty cubits long and twenty cubits broad and twenty 
cubits high. And he overlaid it with pure gold. And he made an altar of 
cedar wood 21 before the inner room, and he overlaid it with gold. 22 And the whole 
temple was overlaid with gold, until all the temple was finished. 29 And he carved 
all the walls of the house round about with carved figures of cherubim and 
palm trees and opening flowers, both in the inner and outer rooms. 30 And the 
floor of the temple he overlaid with gold. 
The 23a And in the inner room he made two cherubim of olive wood. 26 The 

birn U height of the one cherub was ten cubits, and so was that of the other — 23b each 

a Ex. 20 24 Lit., cause my name to be remembered, i. e., at each of the many sacred places, 
where according to tradition Jehovah had revealed himself, as, for example, at Bethel. 

h Kx. 20-'" /. <-., the approach was to be by a natural incline. 

§ 138 The account of Solomon's temple is here reproduced from Vol. II, pp. 181-6, that 
it may he possible to make a complete study of this important institution. For the variations 
from the Heb. text, cf. Vol. II, notes under § 51. For the plans cf. opp. page. 

158 



rior dec 
orations 




RESTORATION OF SOLOMON'S TEMPLE. 

ACCORDING TO STADE. h. s. m*b IEj del, 



SOLOMON'S TEMPLE [I Kgs. 6 23 *> 

Temple Records 

ten cubits high. 24 And one wing of the cherub measured five cubits, and 
the other wing of the cherub also five cubits — ten cubits from the extremity 
of one wing to the extremity of the other. 25 And the other cherub also 
measured ten cubits : both the cherubim were of the same measurement and 
form. 27 And he set up the cherubim in the inner room of the temple, and 
the wings of the cherubim were stretched forth, so that the wing of the 
one touched the one wall, while the wing of the other cherub touched the 
other wall, and their wings touched one another in the middle of the 
temple 28 and he overlaid the cherubim with gold. 

31 And the door of the inner room he made with folding doors of olive Door of 
wood; the pilasters formed a pentagonal. 32 And on the two doors of olive ner m 
wood he carved carvings of cherubim and palm trees and opening flowers, room 
and he spread the gold over the cherubim and the palm trees. 

33 So also he made for the door of the large room posts of olive wood, four 
square, 34 and two folding leaves of cypress wood : the two leaves of the 
one door were folding, and the two leaves of the other door were folding. 
35 And he carved cherubim and palm trees and opening flowers, and overlaid 
them with gold applied evenly to the carving. 

§ 139. Ornamentations and Furnishings of Solomon's Temple, I Kgs. 7 13 -* 4 , 

II Chr. 4 1 - 7 - 8 [3 15 - 17 , 4 2 - 6 . 8 , 5\ Jer. 52 21 " 23 ] 
Temple Records 

I Kgs. 7 13 Then King Solomon sent and brought Hiram-abi from Tyre. The 
14 He was the son of a widow of the tribe of Naphtali, an Aramean worker in £t the 
brass; and he was gifted with skill, understanding, and knowledge to carry en_ 
on all kinds of work in brass. And he came to King Solomon and did all 
his work. 15 For he cast the two pillars of brass for the porch of the temple. 
Eighteen cubits was the height of one pillar, and its circumference measured 
twelve cubits; the thickness of the pillar was four fingers — it was hollow. 
And the second pillar was similar. 16 And he made two capitals of molten 
brass, to set upon the tops of the pillars; the height of the one capital was 
five cubits, and the height of the other capital was five cubits. 17 And he 
made two nets (woven work, festoons, chain-work) for the capitals which 
were on the top of the pillars; a net for the one capital, and a net for 
the other capital. 18b And he made the pomegranates; and two rows of 
pomegranates in brass were upon the one network, 20b and there were two 
hundred pomegranates — two rows around about the one capital. 18c And 
he did the same to the other capital. 19 And the capitals that were upon the 
top of the pillars in the porch were of lily-work — four cubits. 20a And there were 
capitals above also upon the two pillars, in connection with the bowl-shaped part of 
the pillar which was beside the network. 21 And he set up the pillars at the porch 
of the temple : and he set up the pillar at the right and called it Jachin; and 
he set up the pillar at the left and called it Boaz. 22 And upon the top of the 
pillars was lily-work. So was the work of the pillars finished. 

23 And he made the molten sea ten cubits in diameter from brim to brim, Molten 
and five cubits high, and its circumference measured thirty cubits. 24 And sea 

159 



I Kgs. 7 24 ] ALTARS AND TEMPLES 

Temple Records 

under its brim on the outside were gourds which encircled it, for thirty 
cubits, encircling the sea on the outside; the gourds wore in two rows, cast 
when it was cast. -''And it was a handbreadth thick; and its brim was 
wrought like the brim of a cup, similar to the flower of a lily. It held about 
sixteen thousand gallons. 25 It stood upon twelve oxen, three looking toward 
the north, and three looking toward the west, and three looking toward the 
south, and three looking toward the east; and the sea was set down upon 
them, and all their hinder parts were turned inward. 
Mov- - : And he made the ten stands of brass; each stand was four cubits long, 

brazen four cubits broad, and three cubits high. 28 And the stands were made as 
stands f n 0W s : they had border-frames, and the border-frames were between the 
upright supports; 29 and on the border-frames that were between the up- 
right supports were lions, oxen, and cherubim; and upon the upright sup- 
ports likewise; and above and beneath the lions and oxen and cherubim 
was bevelled w T ork. 30a And every stand had four wheels of brass and axles 
of brass. 32 And the four wheels were underneath the border-frames: and 
the axles and the wheels were cast as a part of the stand. And the height 
of each wheel was a cubit and a half. 33 And the construction of the wheels 
was like that of a chariot wheel : their axles, their felloes, their spokes, and 
their hubs, w 7 ere all cast. 34 And at the four corners of each stand were four 
shoulder-pieces; the shoulder-pieces were cast as part of the stand. 35 And 
in the top of the stand was a round opening, half a cubit high, and on the 
top of the stand were its stays and its border-frames. 3(i And on the flat sur- 
face of the stays and border-frames, he engraved cherubim, lions, and palm 
trees, according to the space on each, with wreaths round about. 30b And 
the four corners had shoulder-pieces : beneath the bowl the shoulder-pieces 
were cast, with w r reaths at the side of each. 31 And its opening within the 
shoulder-pieces was a cubit and more : and its opening was round after the 
form of a pedestal (a cubit and a half) and also upon its opening were gravings, 
and its border-frames were square, not round. 37 Thus he made the ten 
stands : all of them had one casting, and were of the same measure and 
form. 
Posi- 38 And he made ten lavers of brass; a laver contained three hundred 

of the and twenty gallons, and each laver measured four cubits; and on each one 
vvith' ls of the ten stands was a laver. 39 And he set the stands, five on the right 
their side of the temple and five on the left side of the temple; and he set the sea 

on the right side of the temple eastward toward the south. 
Altarof II Chr. 4 'Moreover he made an altar of brass — twenty cubits long, arid twenty 
brass cubits broad, and ten cubits high. 

Candle- 7 And he made the ten candlesticks of gold according to the directions concerning 

Bticks them; and he set them in the temple, five on the right hand and five on the left, 8 He 

made also ten tables, and placed them in the temple, five on the right side and five on 

the left. And he made a hundred golden bowls. 

Com- I Kgs. 7 40 And Hiram made the lavers and the shovels, and the bowls. 

oAhe So Hiram completed all the work that he wrought for King Solomon in the 

work temple of Jehovah : 41 the two pillars and the two bowl-shaped capitals that 

were on the top of the pillars, 42 and the four hundred pomegranates for 

160 



FURNISHINGS OF SOLOMON'S TEMPLE [I Kgs. 742 

Temple Records 

the two networks to cover the two bowl-shaped capitals that were on the top 
of the pillars, 43 and the ten stands and the ten lavers on the stands, 44 and the 
one sea with the twelve oxen under the sea. 



§ 140. The Later Law of the One Sanctuary, Dt. 12 1018 , 16 5 . e , Lev. 17 3 " 6 . 7 
[Dt. 12 1 - 12 - 19 - 21 - 26 - 28 , 14 22 ' 27 , 15 19 . 20 , 31 10 - "] 

Deuteronomic Codes 

Dt. 12 10 When ye shall have crossed the Jordan, and dwell in the land Cen- 
which Jehovah your God hath given you as an inheritance, and he shall have Nation 
given you rest from all your enemies round about, so that ye dwell in safety; °f a11 
n then to the place, where Jehovah your God shall choose to have his name monial 
dwell, ye shall bring all that I command you : your burnt-offerings, and your [jjjf" 
sacrifices, your tithes, and the special gifts of your hand, and all your choice Meat 
votive-offerings which ye vow to Jehovah. 12 And ye shall rejoice before salem 
Jehovah your God, together with your sons, your daughters, your male and 
female slaves, and the Levite who dwells in your city, for he hath no portion 
nor inheritance with you. 

13 Take heed not to offer thy burnt-offerings in every place that thou seest; No of- 
14 but in the place which Jehovah shall choose in one of thy tribes, there thou j^b? 8 
shalt offer thy burnt-offerings, and there thou shalt do all that I command made 

thee. where 

15 Yet thou may est to thy heart's desire kill and eat flesh within any of thy Ani- 
cities, according as Jehovah thy God hath blessed thee : the unclean and the ifjfi e s ( j 
clean may eat of it, as of the gazelle and as of the hart. 16 Only ye shall not J°£ d 
eat of the blood ; thou shalt pour it out upon the earth as water. 

17 Thou mayest not eat within thy gates the tithe of thy grain of thy new Special 
wine, or of thine oil, or of the firstlings of thy herd or of thy flock, or any of ° ng e s r ~ 
thy votive-offerings which thou vowest, nor thy voluntary-offerings, nor the 
special gifts of thy hand; 18 but thou shalt eat them before Jehovah thy God 
in the place which Jehovah thy God shall choose, together with thy son, 
thy daughter, thy male and female slaves, and the Levite who dwelleth in thy 
city; and thou shalt rejoice before Jehovah thy God over all which thou hast 
attained. 

16 5 Thou mayest not sacrifice the passover in any of thy cities, which Pass- 
Jehovah thy God giveth thee 6 but at the place in which Jehovah thy God f^ t 
shall choose to have his name dwell, there thou shalt sacrifice the passover 

§ 140 The higher religious and ethical teachings of the great prophets of the Assyrian 
period and the evils, which became glaringly apparent in the reactionary reign of Manasseh, 
when heathenism had full sway, revealed clearly to the later prophets and priests who formu- 
lated the Deuteronomic and Holiness codes, the impossibility of developing the pure worship 
of Jehovah at the high places throughout the land. Cf. Introd., pp. 32, 33. Too many heathen 
traditions and debasing customs still clung to those ancient shrines. At Jerusalem under the 
direction of the more enlightened prophets and priests the higher ideals could be more favor- 
ably inculcated. The present laws prescribe this revolutionizing change in the national worship ; 
with one stroke all the local festivals and cults are forbidden and all the formal religious life 
of Judah is centred in Jerusalem. The change marks in many ways, one of the most radical 
religious reformations recorded in human history. 

161 



Dt. i <; ,; ] 



\LTARS AND TEMPLES 



Devteronomic Codei 

in the evening as 

forth from Egypt 



Every 
animal 
slain to 
be pre- 
sented 
at the 
temple 



the sun goes down, at the fixed time when thou earnest 



Holiness Code 

Lev. 17 3 If there be any man of the house of Israel who killeth an ox, or 
lamb or goat, either within the camp or without the camp,"' 4 and doth not 
bring it to the entrance of the tent of meeting, to present it as an ottering 
to Jehovah before the dwelling of Jehovah, blood-guilt shall be imputed to that 
man- he hath shed blood; and that man shall be cut off from among his 
people 5 in order that the Israelites may bring their sacrifices which they are 
wont to sacrifice in the open field, to Jehovah, at the entrance of the tent of 
meeting to the priest, and sacrifice them as sacrifices of peace-offerings to 
Jehovah 7 And they shall no more offer their sacrifices to the satyrs, which 
they faithlessly worship/ 1 This shall be an everlasting statute for them through- 
out their generations. 



Ill 

EZEKIEL'S TEMPLE PLAN 



§ 141. The Outer Gates and Court, Ezek. 40 127 
EzekieVs Code 

Ezek. 40 x In the twenty-fifth year of our captivity, in the beginning' 



Intro- 

?he ction: of the y ear ' in the tenth day 



the 
proph- 
et's 
vision 



r of the month, in the fourteenth year after the 



c Lev 173 This law of one central sanctuary stands at the beginning of the Holiness Code. 

general plan of the temple proper he api 
there are variations in the detailed 

aar. arx* or» $3^ A^*=.«tf^ 

cU2dei;knd Ihe necessity ofguarding Israel's Holy One from all that was ceremonially defiling 



have followed that of Solomon, cf . § 138, although 

moments. The other prominent influence is that 

amidst which he had lived for twenty-five years. This 



general plan of the ^P^^^^^^^^T^ g 



prophet, in this concrete way, emphasized the 



of the gateways and temple enclosure will facilitate. the u understanding o the ;*«**;«*•*;"*■ 
of ^^ff^^^^v. 2 5» the sacred new year began in the seventh year of the Babylonian or 
secular calendar, i. e., in September. 

162 







Cv^ 



-- i • • 



^ 




■-_ - - 

Copyright, iqoj, by A . y. Hohnan &■ Co. 

From "Explorations in Bible Lands During- the Nineteenth Century.' 1 



A Babylonian Temple (Nippur) 




An Egyptian Temple (Luxor) 



ORIENTAL TEMPLES 



OUTER GATES OF EZEKIEL'S TEMPLE [Ezek. 40 1 

EzekieVs Code 

city was taken, on that very day, the hand of Jehovah was laid upon me, and 
he brought me 2 in an inspired vision b to the land of Israel, and set me down 
upon a very high mountain, on which was a city-like building toward the 
south. d 3 Thither he brought me, and there was a man whose appearance 
was like the appearance of bronze, with a flaxen line and a measuring reed 
in his hand; and he was standing in the gateway. 4 And the man said to me, 
Son of man, behold with thine eyes, and hear with thine ears, and give heed e 
to all that I shall show thee ; for, in order that thou shouldst be shown it wert 
thou brought hither; declare all that thou seest to the house of Israel. 

5 There was a wall encircling a temple, and in the man's hand a measuring Encir- 
reed six cubits long, each cubit being equal to a cubit and a handbreadth f ^f 
and he measured the thickness of the building, one reed; and the height one 
reed. 

6 Then he came to the east gateway and went up its steps and measured East 
the threshold of the gate one reed wide. g 7 And each guard-room was one gaj£! 
reed long, and one reed broad; and between the guard-rooms were spaces' 1 wa ^ 
of five cubits; and the threshold of the gate at the vestibule of the gate on 
the inner side was one reed. 1 9 Then he measured the vestibule of the gate, 
eight cubits, and its jambs, two cubits; and the vestibule of the gate was on 
the inner side. 10 And the guard-rooms of the east gate were three on each 
side; all three were of the same dimensions; and the posts were on both sides. 
n And he measured the breadth of the entrance to the gateway, ten cubits; 
and the widths of the gate, thirteen cubits; 12 and there was a sill one cubit 
wide, before the guard-rooms on each side; and the guard-rooms, six cubits 
on both sides. k 

13 And he measured the gate from the outer wall of the one guard-room pimen- 
to the outer wall 1 of the other, twenty -five cubits wide; door opposite door. of°the 
14 He also measured the vestibule, m twenty" cubits; and the court reached to sate- 
the jambs, round about the gateway. 15 And from the front of the gateway 
at the entrance to the front of the inner vestibule of the gate were fifty cubits. 

b 40 1 - 2 Lit., vision of God, following the superior Gk. and Syr. The Heb. adds, thither 
at the end of l and repeats the verb, probably from 3 . 

c 40 2 Cf. for the same idea, Is. 2 2 , Mi. 4 1 . , . _, 

d 40 2 Or Gk., opposite; but according to 21 2 the prophet came from the north. The tem- 
ple buildings referred to were also along the southern slope of the temple hill. 

e 40 4 Heb., set thy heart upon. , ._ . ., 

f 40 5 Ezekiel's long cubit was probably about 21 inches. Herodotus (I. 178) states that 
the roval Babylonian cubit was three digits longer than the ordinary cubit. 

8 40 6 So Gk. In the Heb. a scribe has by mistake repeated the last clause. 

h 40 7 These were the niches, three on each side of the passage way, for the guards and 
Levites. cf. I Kgs. 14 28 , II Chr. 12". , . x . „ 

" 40 7 Some Heb. texts add the following gloss which contradicts 9 and is practically un- 
intelligible, He measured also the vestibule of the gate on the inner side, one reed. This is 
not found in the Gk The error is probably due to the fact that the scribe started to copy a 

i 40 11 The Heb. reads, the length of the gate thirteen cubits, but this contradicts 18 - 21 - 
Either this is a gloss or else the text should be slightly revised so as to read as above. 

k 40 12 The meaning possibly is that these barriers or sills before the guard-rooms were 
six cubits long and one in height and thickness. 

1 40 13 Following the Gk. 

m 40 14 Restoring the text as the context demands. The latter part of the vs. is very 
doubtful and obscure. The Gk. has an entirely different reading. 

» 40 14 So Gk. Heb., 60, but the Gk. is supported by the other measurements in the Heb. 

163 



Outer 
court 



Ezek. 40 16 ] EZEKIEL'S TEMPLE PLAN 

EzekieVs Code 

10 And the guard-rooms and their jambs had windows, within the gate round 
about, and likewise the vestibule had windows round about within; and on 
each jamb were palm-trees. 

17 Then he brought me into the outer court, and there were chambers 
and a pavement made round about the court; thirty chambers were upon 
the pavement. 18 And the pavement was on the side of the gateways; it 

°40" i Or, latticed. 

P 4qib The Heb. text is corrupt; a scribe has apparently confused the Heb. word for ves- 
tibule with the similar word for arch. 



NORTHERN GATE.WAV 

CUBITS 




PUBLIC 
KITCHEN 



aoo ^ cubits 

SOOTHER 01 GATEWAY 

GENERAL PLAN OF EZEKIEL'S TEMPLE 
164 



OUTER GATES AND COURT [Ezek. 40« 

EzekieVs Code 

corresponded to the length of the gateways, that is, the lower pavement. 

19 Then he measured the breadth from the front of the lower gate to the 

front of the inner court without, one hundred cubits on the east and on the 

north. 

20 And the north gateway of the outer court, he measured its length and North 
breadth. 21 And there were three guard-rooms on each side; and its jambs Jate- 
and its vestibules * corresponded to the measurement of the first gate; its wa ^ 
length was fifty cubits, and its breadth twenty cubits. 22 And its windows 
and its vestibule** and its palm trees measured the same as those of the east 
gate; and seven steps led up to it; its vestibule was within. 1- 23 And 
there was a gate to the inner court opposite the north gate, corresponding 
to the one on the east; s and he measured from gate to gate one hundred 
cubits. 

24 And he led me toward the south; and he measured its guard-rooms t South 
and its jambs and its vestibule; they were of the same dimensions as the ***£" 
others. 25 And there were windows in it and in its vestibule round about cor- 
responding to the other windows; the length was fifty cubits, and the breadth 
twenty -five cubits. 26 And seven steps led up to it, and its vestibule" was 
within; and it had palm-trees, one on each side of its jambs. 27 And there 
was a gate to the inner court on the south; and he measured from gate to 
gate toward the south a hundred cubits. 

§ 142. The Inner Court, Ezek. 40 2847a 
EzekieVs Code 

Ezek. 40 28 Then he brought me to the inner court at the south gate- South 
way; and he measured the south gateway; it measured the same as the others; jJJJJ^ 
29 its guard-rooms, and posts and vestibule were of the same dimensions as wa y 
the preceding; and there were windows in it and in its vestibule round about; 
it was fifty cubits long and twenty-five cubits wide. v 31 And its vestibule 
faced the outer court; and there were palm-trees beside its posts; and the 
ascent to it had eight steps. 

32 And he brought me to the east side of the inner court; and he measured East 
the gateway; it measured the same as the others; 33 and its guard-rooms and ^lll 
posts and vestibules were of the same dimensions as the preceding; and there wa y 
were windows in it and in the vestibule round about; it was fifty cubits long 
and twenty -five cubits wide. 34 And its vestibule faced the outer court; and 
there were beside its palm-trees posts, one on each side; and the ascent to it 
had eight steps. 

35 Then he brought me to the north gateway; and he measured the gateway; North 
it measured the same as the others. 36 And its guard-rooms and posts and g" 1 ^ 
vestibules were of the same dimensions as the preceding; and there were wa y 

q 4Q21, 22 Standard Heb. text, arches. 
T 40 22 So Gk. Heb., before them. 
a 4Q23 The Heb. has simply, to the east. 
1 40 24 So Gk. The Heb. omits, and its guard-rooms. 
u 4Q26 Translating as in 22 . 

v 4Q29 The Gk. omits 30 . A scribe adds in the Heb. different dimensions, Its vestibule 
round about was twenty-five cubits long and five cubits wide. These, however, are impossible. 

165 



Ezek. 40 3,; ] EZEKIEL'S TEMPLE PLAN 

EzekieVs ( lode 

windows in it and in the vestibule round about; it was fifty cubits long and 
twenty-five cubits wide. 37 And its vestibule faced the outer court; and there 
were beside its palm-trees posts, one on each side; and the ascent to it had 
eight steps. 
Sacrifi- 3S And there was a chamber with its opening into the vestibule of the gate- 
tables way;* there they washed the burnt-offering. 39 And in the vestibule of the 
gateway were two tables on each side, on which were slain the burnt-offerings 
and the sin-offerings and the guilt-offerings. 40 And outside the entrance to 
the gateway on the north, were two tables. 41 There were four within and 
four without the gateway : eight tables, upon which the burnt-offerings were 
slain. 42 There were also four tables for the burnt-offering, of hewn stone, 
each a cubit and a half long, and a cubit and a half broad, and a cubit high; 
on which they laid the instruments wherewith the burnt-offerings and the 
sacrificial animals were slain, 43 and projections, one handbreadth in length, 
were fastened within round about. And over the tables were protecting 
roofs to keep off the rain and the hot sun. a 
Cham- 44 He brought me outside the gate and into the inner court, and there were 
Jjg Sfor two chambers on the inner court, b one by the north gate, facing the south, 
acting the other by the south gate facing the north. 45 And he said to me, This 
chamber, which faces the south, is for the priests, who have charge of the 
temple; 46 and the chamber which faces the north is for the priests who have 
charge of the altar; they are the sons of Zadok, those of the sons of Levi 
who may come near to Jehovah to serve him. 47a And he measured the court, 
a hundred cubits wide, and a hundred cubits broad — a perfect square. 

§ 143. The Great Altar, Ezek. 40 47b , 43 1327 
EzekieVs Code 

Dimen- Ezek. 40 47b The altar was in front of the temple. 43 13 And these are 
sions t j le measuremen ts of the altar in cubits of a cubit and a handbreadth : the 
base shall be a cubit high, one cubit wide, with a border around its edge 
about a span wide; and this shall be the height of the altar : 14 from the foun- 
dation base c to the lower ledge shall be two cubits, and the width one cubit; 
and from the smaller ledge to the greater ledge shall be four cubits, and the 
width one cubit. 15 And the altar hearth d shall be four cubits high; and 
above the hearth e shall be four horns, one cubit high. 16 And the altar 

w 4038 Following a text slightly corrected by the aid of the Gk. and in accord with the 
demands of the architectural plan. Heb., by the posts, the gates. This chamber was probably 
one of the niches or guard-rooms. The Heb. reads, a chamber and its door with jambs at the 
gateways. Probably the eastern gateway is the one here intended, although the context sug- 
gests the one on the north. 

a 40 43 So Gk. Heb., and on the tables was the flesh of the oblation. 

b 40 44 So Gk. The Heb. text is exceedingly corrupt. The Heb. also reads, east, in the 
last line instead of south <i<ite, as (he context strongly demands. 

§ 143 The general plan of the great altar was probably modelled closely after that of Solo- 
mon and is especially valuable, since for some reason the description of the latter has fallen 
out of the text of I Kgs. 6. The diagram opposite will suggest the form of Ezekiel's altar. 

c 43 14 Lit., base of the earth; of the earth may be a scribal error. Gk., from the top of the 
base. 

<*43 15 SoGk., Syr. and Lat. 

• 43 15 Again following the Gk. 

166 



THE GREAT ALTAR 



[EZEK. 40 16 



EzekieVs Code 

hearth shall be twelve cubits square. 17 And the ledge shall be fourteen 
cubits square; and the border about it shall be half a cubit; and the base 
one cubit wide round about. Its steps shall face the east. 

18 Then he said to me, O man, thus saith the Lord Jehovah : ' These are Conse- 
the regulations for the altar in the day when it is completed, " In order that oUhe" 
burnt-offerings may be offered and blood sprinkled on it, 19 thou shalt give f altar 
to the priests the Levites who are of the family of Zadok, who approach to 
serve me," saith the Lord Jehovah, "a young bullock as a sin-offering. g 
20 And they* 1 shall take some of its blood, and put it on the four horns, and 
on the four corners of the ledge, and on the border round about; thus shall 
they cleanse it and make atonement for it. 21 They shall also take the bul- 
lock of the sin-offering, and it shall be burnt in the appointed place outside 
the temple. 22 And on the second day they shall offer a male goat without 
blemish as a sin-offering, and shall cleanse the altar, as they cleansed it with 
the bullock. 23 When they have made an end of cleansing it, they shall offer 
a young bullock and a ram from the flock without blemish. 24 And they 
shall present them before Jehovah, and the priests shall sprinkle salt upon 
them 1 and they shall offer them as a burnt-offering to Jehovah. 25 Seven 
days shalt thou provide daily a goat as a sin-offering ;J they shall also provide 
a young bullock, and a ram from the flock, without blemish. 26 For seven 
days shall they make atonement for the altar and purify and consecrate it. 
27 At the end of these days, on the eighth day and thereafter, the priests shall 
present your burnt-offerings and your peace-offerings upon the altar ; k and I 
will accept you," saith the Lord Jehovah.' 

f 4319 The regular form of the religious commands. The community, not Ezek., is ad- 
dressed. He himself was one of the Levitical priests to which reference is made. 

g 4319 The sin-offering, as elsewhere in the priestly laws is not for moral but ceremonial 
defilement cf. note § 204. 

h 43 20 So Gk. The Heb. has the second person singular throughout this and the following 
vss., except in 22 - 25 . The Gk. evidently has the original reading and the variations are due 
to a scribe who was influenced by Ex. 29 36 , Lev. 18 u where the second person singular is used. 

1 43 24 /. e., the food for the Deity was prepared as an ordinary meal. 

J 43 2S So the Gk. and the marginal reading of the Heb. 

k 43 27 Cf. for the similar ceremony in the priestly codes, Ex. 29 10 - 20 § 162, 



I 



ALTAR HEARTH 



SMALLER LEDGE 



GREATER LEDGE 



3 



FOUNDATION BASE 



167 



Ezek. 40 48 ] 



EZEKIEL'S TEMPLE PLAN 



Porch 



M;iin 
hall 



Most 
holy 
place 



Inte- 
rior 

decora- 
tions 
of the 
temple 



§ 144. The Temple Proper, Ezek. 40 4S -41 4 . «*-* 
EzckieVs Code 

Ezek. 40 48 Then he brought me to the porch of the temple, and meas- 
ured the jambs of the porch on each side, 1 five cubits in thickness, and the 
width of the gate was fourteen cubits and the pillars of the gate were three 
cubits thick on each side. 49 The dimensions of the porch were twenty by 
twelve" 1 cubits; and the ascent was by ten steps;" and there were pillars bv 
the jambs on each side. 

41 1 Then he brought me to the hall of the temple and measured the 
jambs, six cubits broad on each side. 2 And the breadth of the entrance 
was ten cubits; and the sides of the entrance were five cubits on each side; 
and he measured its length, forty cubits, and its width, twenty cubits. 

3 Then went into the inner room and measured the jambs of its entrance, 
two cubits; and the entrance, six cubits; and the side-walls p of the entrance, 
seven cubits on each side. q 4 And he measured its length, twenty cubits, 
and its breadth, twenty cubits, before the hall of the temple. And he said 
to me, This is the most holy place. 

l5b And the hall of the temple, and the inner room and its porch were 
paneled/ 16 and the windows latticed s and covered. fc And the galleries 
round about on their three stories, opposite the threshold, were ceiled with 
wood round about, from the ground up to the windows," 17 and from the 

§ 144 Cf. the description and plan of Solomon's temple, § 138. The plan below will in- 
dicate the general form of Ezek.'s temple. 

i 4Q48 Following the fuller and obviously better preserved Gk. reading. 
* 40 49 So Gk. Heb., eleven. 

n 4Q49 Again the Gk. has retained the original reading. 

°41 1 So Gk. A scribe has added to the Heb., the breadth of the tabernacle. 
p41 3 SoGk. 

<» 41 3 This last clause is preserved only in the Gk. 
r 4i 15b Following the Gk. supported by the context. 
8 41 lfl An exceedingly doubtful vs., cf. I Kgs. G 4 - 15 , 7*. 

t 4i ig Transferring this clause from the end of the vs. where it interrupts the sense, 
u 4116 Or, roof, changing the text slightly. 




THE TEMPLE PROPER [Ezek. 41 l " 

EzekieVs Code 

door to the inner room and without. And on all the wall round about within 
and without were drawings v 18 and carved cherubim and palm-trees, there 
being a palm-tree between every two cherubim. And each cherub had two 
faces; 19 the face of a man turned toward the palm-tree on the one side, and 
the face of a young lion turned toward the palm-tree on the other side; they 
were carved on all the temple round about. 20 From the ground to the top 
of the door were carved cherubim and palm-trees. The wall of the hall of 
the temple had w 21 pilasters. And before the holy place was something that 
looked like 22 an altar of wood, x three cubits high, and two cubits in thickness 
and two cubits in width; and its corners, and its base and walls were of wood. 
And he said to me. This is the table that stands a before Jehovah. 23 And 
the base of the temple and the holy place had two doors. 24 And each door 
had turning leaves; two for each door. 25 Cherubim and palm-trees were 
carved on them, as on the walls ; b and there was a threshold in front of the 
porch without. 26 And there were closed windows and palm-trees on both 
sides of the porch; thus were the side-chambers of the temple and the thresh- 
olds. 

§ 145. The Side-Chambers, Ezek. 41 5l5 » 

EzekieVs Code 

Ezek. 41 5 Then he measured the thickness of the wall of the temple, Plan 
six cubits; and the width of the side-chambers, four cubits, round about the JJJ£ n _ *" 
temple on every side. 6 And the side-chambers were in three stories, one siona 
above another, and thirty in each story; and there were abatements all around 
the walls of the temple that the side-chambers might be fastened to them 
and not in the walls of the temple. 7 And the side-chambers became wider 
as they went up higher and higher, d for the temple grew narrower higher 
and higher up round about the temple ; e and there was an ascent f from the 
lowest story to the highest by the middle story. 8 And I also saw that the 
temple had a raised platform round about; the foundations of the side- 
chambers were a full reed in height, that is, six great cubits. 9 The thickness 
of the outer wall of the side-chambers, was five cubits; and the space left be- 
tween the side-chambers that belonged to the temple 10 and the outer cham- 
bers was twenty 8 cubits wide round about the temple on each side. n And 
the doors of the side-chambers were toward the open space, one door toward 

v 41 17 Lit., measured. 

w 41 2o The Heb. repeats, hall of the temple. 

*41 22 SoGk. 

a 41 22 Restoring the word demanded by the context and suggested by the Gk. 

b 41 25 A scribe has added to make the sense clear, on the doors of the hall of the temple. 

c 4^25 The meaning of this word is doubtful; projecting roof and cornice has been sug- 
gested. 

d 41 7 This vs. is very doubtful. The above translation is based upon two plausible em- 
endations. The idea clearly is that the upper chambers were larger because the outer walls 
of the temple receded. 

e 41 7 The Heb. adds, therefore there teas width to the temple above. 

1 41 7 Correcting a slight error in the Heb. 

g 4^10 Or twenty-five cubits, cf. n . 

169 



Ezek. 41 11 ] EZEKLEL'S TEMPLE PLAN 

EzekUTs Code 

the north and another door toward the south; and the width of the open 

space of the platform was five cubits round about. 
Dimen- 12 And the building that faced the enclosure on the west was seventy cubits 
of°the wide; and the wall of the building was five cubits thick round about, and its 
buik?- rD l en gth ubiety cubits. 13 So he measured the temple, a hundred cubits long; 
ing and and the enclosure, and the building, with its walls, a hundred cubits long; 
emp e 14 also the width of the front of the temple, with the eastern enclosure was one 

hundred cubits. 15a And he measured the length of the building in front of 

the rear enclosure, its galleries on both sides, one hundred cubits. 

§ 14t>. Chambers and Kitchens for the Priests, Ezek. 42 114 , 46 1924 
EzekieVs Code 

Plan Ezek. 42 1 Then he brought me forth into the outer court on the north; 

men- " and he brought me to the chamber which faced the enclosure and the build- 
sions m g on t jj e nor th # 2Q ne h unc lred cubits was its length on the north side, h 
and the width was fifty cubits. 3 Opposite the space of tw T enty cubits 1 which 
belonged to the inner court, and the raised platform which belonged to the 
outer court, was a gallery on each side in three tiers. 4 And in front of the 
chambers was a passage-way to the inner court, ten cubits wide and one 
hundred J cubits long; and their doors w T ere on the north. 5 The upper 
chambers were smaller, for the galleries took away from these, more than 
from the lower and the middle chambers in the building; 6 that is, they were 
in three stories, and had no pillars like the pillars of the outer courts; there- 
fore the upper was smaller than the lowest and middle chambers. 7 And the 
outer wall by the side of the chambers along the outer court in front of the 
chambers was fifty cubits long; 8 that is, the length of the chambers in the 
outer court was fifty cubits, while in front of it was one hundred cubits. 
9 Below these chambers was the entry on the east side, as one approached 
them from the outer court; 10 at the beginning 11 of the outer wall on the south, 
in front of the enclosure and the building, were chambers, 11 with the pas- 
sage- w r ay before them; they were similar 1 to the chambers on the north; of 
the same length and width, the same exits and arrangements, and with their 
doors on the south. 12 There w r as a door at the beginning of the passage-way, 
directly in front of the wall on the east, as one approached them. 
Their 13 Then said he to me, the north and south chambers are the sacred cham- 

uee bers, where the priests who approach Jehovah shall eat the most holy things; 
there they shall deposit the most holy things, the cereal-offering, and the sin- 
offering, and the guilt-offering, for the place is holy. m 



§ 146 Cf. the general plan p. 164. It is impossible to determine definitely from the 
description just what was the plan and arrangement of these chambers of the priests. 
h 42 2 Slightly correcting the Heb. 
> 42 8 Cf . 41 10 . 
J 42 4 So (Ik. Heb.. one. 

k 42 10 Following a slightly corrected text, cf. 12 . 
1 42 11 Slightly emending the text, 
m 42>3 The following va. l * is evidently a Bcribal insertion from 44 19 . 

170 



KITCHENS FOR THE PRIESTS [Ezek. 46 1Q 

EzekieVs Code 

46 19 Then he brought me through the entry, which was at the side of the Kitch- 
gate, into the priests' sacred chamber on the north; and there was a place for the 
on the extreme western side. 20 And he said to me, This is the place where P ri | s ts 
the priests shall boil the guilt-offering and the sin-offering, and bake the people 
cereal-offering, so as not to bring them out into the outer court, thereby 
making the people sacred." 21 Then he brought me into the outer court, and 
made me pass by the four corners of the court; and there in each corner of 
the court was a court. 22 In the four corners of the court there were small 
courts forty cubits long and thirty cubits wide; these four in the corners were 
of the same size. 23 And there was a row of stones round about each of the 
four, and places for boiling were constructed beneath the row of stones round 
about. 24 Then he said to me, These are the houses where the ministers 
of the temple shall boil the sacrifice of the people. 

§ 147. Sanctity of the Temple and Land Consecrated by Jehovah's 
Presence, Ezek. 42 15 -43 12 
EzekieVs Code 

Ezek. 42 15 Having finished the measurement of the inner temple he Total 
brought me by way of the east gate, and measured it round about. 16 He f£| a ° 
measured on the east side five hundred cubits, * with the measuring reed tem ple 
round about. 17 He measured on the north side five hundred cubits 1- by the cincts 
measuring reed round about. 18 He measured on the south side five hundred 
cubits by the measuring reed. 19 Then he turned to the west side and meas- 
ured five hundred cubits by the measuring reed. 20 He measured it on the 
four sides; and s it had a wall round about, five hundred cubits in length 
and five hundred cubits in width, to separate between the sacred and the 
common. 

43 x Then he brought me to the east gate. 2 And behold the glory of the Vision 
God of Israel came from the east; and his voice was like the sound of many hovah 
waters; and the earth shone with his glory. 3 And the vision which I saw 
was like* that which I saw when he u came to destroy the city ; and the visions 
were like that which I saw by the River Chebar; and I fell on my face. 4 Then 
the glory of Jehovah came into the temple by the east gate. 5 And the Spirit 
took me up, and brought me into the inner court; and, behold, the glory of 
Jehovah filled the temple. 

n 4g20 The belief that contact with sacred things rendered those touched also sacred and 
therefore unfit for certain ordinary occupations was one of the fundamental beliefs of Semitic 
antiquity, cf. 42 1 " 13 , 44*«- Lev. 6 18 - ". 

° 46 22 So Gk. and Syr. The Heb. text is doubtful; possibly it may be rendered inclosed. 

p 46 23 Or possibly, colonnade. 

§ 147 This section reveals the religious purpose which actuated Ezek. in developing this 
elaborate description of the temple. 

<i 42 15 So Gk. Heb., reeds. 

r 42 17 Heb., reeds, but this is clearly due to a scribal error, cf. the plan and the data in 
4013, 15 - 19 - 33 - 47 . The same error is repeated in 18 > 19 . 

• 42 20 So Gk. and Syr. The Heb. omits the and. 

*43 3 Following the Gk. 

u 43 3 Heb., /, but the context demands he, cf. 1 and 10. 

171 



Ezek. iS«] EZEKIEL'S TEMPLE PLAN 

EzekieVs Code 

Temple 6 Then I heard one speaking to me from the temple, as One stood by me. 

fiedfby 7 And he said to me, O man, this is the place of my throne, and the place for 

J f h ?~ the soles of my feet, where I will dwell in the midst of the Israelites forever. 

pres- And the house of Israel, they and their kings, shall no more defile my holy 

name v with their idolatry™ and with the corpses of their kings 8 by placing 

their thresholds by my threshold, and their door-posts beside my door-post, 

with only a wall between me and them, thus defiling my holy name by the 

abominations which they have committed; therefore I have destroyed them 

in mine anger. 9 Now let them put away their idolatry, and the corpses of 

their kings, far from me, that I may dwell in the midst of them forever. 

Eze- 10 Do thou, O man, show the house of Israel the temple, its appearance 

com- and its pattern, x n that they may be ashamed of all that they have done, 

mission describe to them the temple and its construction, its exits and its entrances 

and its form, and make known to them all its ordinances and laws; and write 

it down in their sight, that they may take heed to perform all its forms and 

ordinances. 12 This is the law of the temple : on the top of the mountain its 

whole territory shall be sacred. Behold, this is the law of the temple. 



B 

Sacred Officials 

I 
IN THE PPtE-EXILIC HEBREW STATE 

§ 148. Call of the Tribe of Levi, Ex. 32 2529 , Dt. 10* 

Primitive Codes 

Zeal Ex. 32 25 Now when Moses saw that the people had thrown off all re- 

Levites straint (since Aaron had given them the reins, to become an object of derision 

and its 

reward 

v 43 7 The Heb. adds, in the high place. 
w 43 7 Heb., whoredom. 

X4310, 11 Reconstructing the obviously corrupt Heb. with the aid of the Gk. 
Sacred Officials in the Pre-exilic Hebrew State. — According to the most primitive 
Semitic thought and usage the head of the family was also its priest. As society became 
more complex, the chief priest of the tribe was the sheik, and of the nation the king. Thus 
the earliest rulers of the city states of ancient Babylonia and Assyria were still the heads of 
the national religion, and as such were subject to certain ceremonial restrictions, as for example 
the refraining from certain acts on the seventh day. Among the Egyptians, the Ethiopians 
and the Sabeans the king was also the chief priest of the nation. Many of the more modern 
illustrations of the same institution might be cited; the Mikado of Japan is perhaps the most 
familiar example. 

The original idea underlying those wide-spread institutions seems to have been that the 
god or gods chose certain men to represent them. The archaic Babylonian sign for kin« pic- 
tures the hand of the god resting upon the head of the man thus chosen and commissioned. 

172 



CALL OF THE TRIBE OF LEVI [Ex. 32 25 

Primitive Codes 

among their enemies), 26 Moses stood in the gate of the camp and said, Who- 
ever belongeth to Jehovah, come to me. And all the sons of Levi came together 
to him. 27 Then he said to them, Thus saith Jehovah the God of Israel, 
1 Let each man gird his sword on his thigh, and pass back and forth from gate 
to gate in the camp, and let each man kill his brother, and each man his 
friend, and each man his kinsman.' 28 And the sons of Levi did according 
to the injunction of Moses, and there fell of the people that day about three 
thousand men. 29 And Moses said, Consecrate yourselves to-day to the ser- 
vice of Jehovah (for every man was against his son and against his brother) 
that he may now bestow a blessing upon you. 

Sometimes the primitive priest-king was conceived of as related to the gods; sometimes the 
bond or kinship was thought of as established by contact with the blood of the sacrificial ani- 
mal which he slew in behalf of the tribe or nation. The same rite of anointing with oil (prob- 
ably symbolizing the fat of the sacrifice) was employed in consecrating both king and priest. 
Thus the idea of the Messiah, the anointed, who represented both the god and the nation, was 
innate in earlier Semitic thought. 

Hebrew history furnishes many suggestions regarding the origin of the priesthood. 
Even down to the days of the exile, the head of the family performed the sacrifice, cf. § 140. 
Gideon offers a burnt-offering on the altar which he rears, Judg. 6 26 . Saul on the battle-field 
builds an altar on which the warriors slay their booty, I Sam. 14 34 - 35 . Only the stricter cere- 
monialism of a later age condemned his offering a burnt-offering on the eve of battle, I Sam. 
10 9 . King Solomon sacrificed as the chief priest of the nation at the dedication of the temple, 
I Kgs. 8 5 > 62 - 64 . Three times each year he also offered the sacrifice in behalf of the nation, 
I Kgs. 9 25 . 

In time, however, the ceremonial and other restrictions placed upon the chief priest of 
the nation limited the free exercise of the kingly functions. Among some early peoples the 
chief ruler was shorn of all real military and civil power, and became only the head of the 
national cult. Other kings, like David and Solomon, appointed certain royal priests and 
conferred upon them the priestly functions which originally belonged to the head of the nation. 
Priests like Zadok, and those appointed by Jeroboam I of Northern Israel at the royal sanc- 
tuaries of Dan and Bethel, were officers of the king and undoubtedly at first were supported 
by royal revenues. Thus arose in Israel, as among other Semitic peoples, the distinct class of 
priests whose duty it was to attend to the details of the sacrificial ritual. 

§ 148 The origin and functions of the sons of Levi appear to have been somewhat similar 
and yet different from those of the priests of the royal sanctuaries. The references to the sons 
of Levi in the earliest sources are unfortunately rare. The ancient oracle in Gen. 49 5-7 speaks 
in condemnation of some act of vengeance committed by them, because their anger was fierce 
and their wrath cruel. The consequence was that they were divided in Jacob and scattered 
in Israel. 

The act thus indicated is probably the basis of the story in Gen. 34, cf. Vol. I § 41. As in 
Gen. 49, the sons of Simeon are associated with those of Levi. The deed which elicited the re- 
buke attributed to Jacob, 34 30 , was their pitiless zeal in slaying the Canaanites with whom their 
clansmen had just made a close alliance. Their motive was probably that jealousy for Je- 
hovah, which would tolerate no alliances with heathen peoples — the same jealousy that in- 
spired Elijah in later times. A similar spirit is revealed in the Northern Israelitish account 
of their bloody zeal in slaying their idolatrous kinsmen, cf. above. The story comes from a 
period when the prophetic conscience had been aroused to condemn the golden calves, long 
regarded as legitimate by the Northern Israelites; but it is only one of several illustrations 
of their devotion to the religion of Jehovah. This zeal was probably derived from their great 
clansman Moses. It naturally explains why they early suffered such a great disaster at the 
hands of the incensed Canaanites that the few who survived were scattered and went forth 
to find homes and a precarious existence among the other Hebrew tribes. Their jealousy for 
Jehovah, their relationship to the great leader Moses, and the fact that they had no tribal 
home nor unity also furnish a probable explanation of why they early became attached to 
the various shrines throughout the land of Israel. 

The ancient story in Judg. 17 and 18 furnishes a vivid and almost contemporary picture 
of this process. Micah the Ephraimite, having established a family sanctuary with ephod 
and oracle, first appointed his son as its priest. But when a wandering Levite came by chance 
from Bethlehem in Judah, Micah at once engaged him, by the payment of a definite sum each 
year, to stay and be a father and priest to the Ephraimite household, 17 10 . Later the Danites 
stole the priest and paraphernalia of the shrine and so this Levite, Jonathan the grandson of 
Moses, 18 30 , became the head of the priesthood of the famous sanctuary at Dan. 

Thus it would appear that in this natural way the sons of Levi, the scattered clansmen 
of Moses, became the guardians of many of Jehovah's oracles and local shrines. It was also 
natural that in time the title, son of Levi, should be applied to all who belong to this class, 
whatever may have been their ancestry, so that like the terms, sons of the prophets or sons 
of Korah, it simply designated the members of a caste or guild. 

173 



Dr. 108] PRE-EXILIC PRIESTS 

Deuteronomic Codes 

Conse- Dt. 10 8 At thai time 8 Jehovah sel apart the tribe of Levi, to bear the ark 
Jrfthe" °^ ,nr covenant of Jehovah, to Stand before Jehovah to minister to him, b 
Levites arK j t bless in his name, even to the present day. 

§ 149. Duties of the Sons of Levi, Dt. 33 8a . 10 , 21 5b [18 5 ], 17 8 " 13 , [31 25 . *% 

•ir 26 1 " 4 , 20 2 ' 4 
Primitive Codes 

To ren- Dt. 33 8a Of Levi Moses said, 
der de- 
cisions Thy Thummim and thy Urim c are for thy holy one. d 
a j^ r 10 They show Jacob thy judgments, O Jehovah, 
sacr i- And Israel thy instruction, 
fices They bring to thy nostrils the savor of sacrifice, 
And whole burnt-offering to thine altar. 

Deuteronomic Codes 

To act Dt. 2 1 5b Jehovah thy God hath chosen the priests the sons of Levi to 
pf e tem " minister to him, and to bless in the name of Jehovah. And according to 
minis- their sentence shall every dispute and case of assault e be decided. 
To act 17 8 If a case involving bloodshed or conflicting claims, or the plague of 
fudges leprosy* — subjects of dispute within thine own city — be too difficult for thee 
^ tne to decide, then thou shalt set out and go up to the place which Jehovah thy 
of final God shall choose; 9 and thou shalt come to the Levitical priests, and the 
appea j U( jg e w } 10 s hall be in office in those days; g and thou shalt inquire, and they 
shall make known to thee the judicial decision. 10 And thou shalt act ac- 
cording to the tenor of the sentence, that they shall make known to thee 
from the place wmich Jehovah shall choose; and thou shalt do exactly as they 
direct thee: * According to the tenor of the instruction which they give thee, 

» Dt. 10 8 This vs. originally once followed 5 , which tells of Moses' descent from Horeb 
with the ten words. It implies the incident recorded in Ex. 20 25 " 29 and possibly a fuller ac- 
count, now lost, of the call of the tribe of Levi at that time, cf. also 18 5 . 

b Dt. 10 8 /. e., to serve as priests, cf. I Sam. 16-' 1 . 

§ 149 The story of the young Levite, who was employed by Micah the Ephraimite, Judg. 
17, 18, as well as the references in I Sam. to the activity of Eli and his sons, would seem to 
indicate that originally the sons of Levi were simply the guardians of the sacred objects like 
the ark and the Urim and Thummim and, later, of the local shrines; and that the sacrifices 
were slain by the individual offerers or by the heads of the family or tribe, or by a seer like 
Samuel, I Sam. 9 13 . As guardians of the sacred objects, the Levites also became the inter- 
preters of the divine oracles and therefore judges. Their functions thus appear from the 
first to have been somewhat different from those of the sons of Zadok to whom Solomon in 
time delegated his rights and duties as chief priest of the nation; although in early times the 
distinction between the seer and Levite and royal priest were not very clearly defined. 

c Dt. 33 8a The meaning of the vs. is obscure. The Thummim and Urim, always written 
elsewhere Urim and Thummim, Ex. 28 30 , Lev. 8 8 . Ezra 2 63 and I Sam. 14 41 were used in de- 
termining the lot. The two words apparently mean, perfections and lights. What the ob- 
jects were and how they were used is only a matter of conjecture From I Sam. 14 41 - 42 , it 
may perhaps be inferred that they were stones and that the way they fell decided the lot. 

d Dt. 33 8a The reference appears to be to the tribe of Levi and their fidelity, possibly at the 
occasion recorded in Ex. 32 2 - r> - 29 , although the subsequent context has led some scholars to 
maintain that Moses is intended. 

e Dt. 21 5 Lit., stroke. This statement is interjected into the midst of the law regarding 
an undetected murder, in the ceremonial purification of which the Levitical priests also par- 
ticipate. 

1 Dt. 17 8 Lit., If there arise a case too hard for thee in judgment, between blood and blood, 
between plea and plea, and between stroke and stroke, 

* Dt. 17» Cf. note § 47. 

174 



DUTIES OF THE SONS OF LEVI [Dt. 17 u 

Deuteronomic Codes 

and according to the decision which they shall impart to thee, shalt thou do, 
without departing from the sentence which they shall make known to thee, 
either to the right or to the left. 12 But should a man be so presumptuous 
as not to heed the decision of the priest who standeth there before Jehovah 
thy God, or of the judge, that man shall die; thus thou shalt put away the 
evil from Israel, 13 in order that all the people may heed and fear, and never 
again act presumptuously. 

2 4 8 Guard carefully against the plague of leprosy in that thou faithfully To take 
observe and follow all the directions which the Levitical priests give you. f arge 
According to the commands which I gave them shall ye carefully do. f aS r S s ° f 

2 6 2 When thou shalt come into the land which Jehovah thy God is about To pre- 
to give thee as an inheritance, and shalt possess it, and dwell therein, 2 thou the 
shalt take a part of the first of all the fruit of the ground, which thou shalt jjjt^ 
bring in from thy land that Jehovah thy God giveth thee; and thou shalt put to Je- 
it in a basket, and thou shalt go to the place in which Jehovah thy God shall 
choose to have his name dwell. 3 And thou shalt come to the priest who 
shall be officiating in those days, and say to him, I declare this day to Jehovah 
thy God, that I have come to the land which Jehovah promised by oath to 
our fathers to give us. ^hen the priest shall take the basket out of thy 
hand, and set it down before the altar of Jehovah thy God. 

20 2 When ye draw near to offer battle, the priest h shall approach and To en- 
speak to the people 3 and say to them, Hear O Israel, ye are drawing near this the"^ 
day to fight against your enemies; do not lose heart, fear not, nor tremble, j>Jj°§j|| 
neither be afraid because of them ; 4 for Jehovah your God is going with you eve of 
to fight for you against your enemies in order to deliver you. 



§ 150. Prohibition Against the Levites Holding Property, Dt. 18 1 '. b . 2 [10 9 J 

Deuteronomic Codes 

Dt. 18 la - b The Levitical priests, even all the tribe of Levi, shall have No in- 
no portion nor inheritance with Israel. 2 And they shall have no inheritance t an Ce 
among their kinsmen; Jehovah is their inheritance, as he hath declared to 
them. 1 

h Dt. 20 2 As has already been noted, § 42, war was regarded by the Hebrews as a sacrament. 
Sacrifices were also offered before the battle, I Sara. 7 9 - 10 , 13 9 - 10 . The common idiom for 
declaring war was to consecrate a war, Is. 13 3 , Mi. 3 5 , Jer. 6 4 , 22 7 . The presence of the priests 
is therefore assured, although the present custom is mentioned nowhere else. 

§ 150 This law was doubtless intended to anticipate exactions by the priestly judges and 
to prevent the alienation of temple property for private ends. 

• Dt. 18 2 The passage here referred to is not found in the O.T. although the same idea 
is repeatedly expressed, cf. Josh. 13 14 > 33 , 18 7 , Nu. 18 10b , Ezek. 44 28 . 



175 



Dt. 18 1 *] PRE-EXILIC PRIESTS 

§ 151. Means of Support of the Sons of Levi, Dt. 18" <• s - 8 , 14". ». ", 12 18 , 

16 1(M \ H 28 - 29 [12"« 12 ' "• 18 ] 
Deuteronomic Codes 

Certain Dt. 18 la> c The Levitical priests, even all the tribe of Levi, shall eat 
rthe tne offerings made by fire to Jehovah,' and of that which belongeth to him. 
3 And this shall be the priests' due from the people, from those who offer a 
sacrifice whether it be ox or sheep : they shall give to the priests the shoulder 
and the two cheeks and the stomach. 4 The firstfruits of thy grain, of thy 
new wine, and of thine oil, and the first of the fleece of thy sheep thou shalt 
give him ; 5 for Jehovah thy God hath chosen him and his sons out of all thy 
tribes, to stand to minister in the name of Jehovah forever. 
Rights 6 And if a Levite cometh from any of thy towns k in all Israel, where he 
priests r esideth, and cometh with a whole-hearted desire 1 to the place which Jehovah 
from shall choose; 7 then he shall minister in the name of Jehovah his God, as do 
sanctu- all his brethren the Levites, who serve Jehovah there. 8 They shall have 
anes j^ p 0r ^ ons i Q e at, m besides that which cometh from the sale of his patri- 
mony. 
Por- 14 22 Of all the produce of thy seed thou shalt take a tenth of all that 

theau? groweth in the field each year; 23 and before Jehovah thy God, in the place in 
nu g J which he shall choose to have his name dwell thou shalt eat the tithe of thy 
grain, of thy new wine, and of thine oil, and of the first-born of thy herd 
and of thy flock; that thou mayst learn to fear Jehovah thy God always. 
27 Also thou shalt not forget the Levite who dwelleth within thy town, for he 
hath no portion nor inheritance with thee. 1 2 19 Take heed not to forget 
the Levite as long as thou livest in thy land. 
A share 1 6 10 Thou shalt keep the feast of weeks to Jehovah thy God according to 
feast of the measure of the voluntary offerings which thy hand shall present in pro- 
weeks portion as Jehovah thy God hath blessed thee. n Thou and thy son and 
thy daughter, thy male and female slaves, and the Levite who dwelleth in 
thy town, and the resident alien, the fatherless and the widow, who live with 
thee, shall rejoice before Jehovah, in the place where Jehovah thy God shall 
choose to have his name dwell. 12 And thou shalt remember that thou wast 
a bondman in Egypt; and thou shalt observe and do these statutes. 

§ 151 The income of the pre-exilic Levitical priests appears to have been very precarious, 
depending upon the wealth and importance of the shrine with which they were connected, 
and the generosity of the individual offerers. Dt. 18 8 implies that certain of them had family 
possessions, but the passage is not entirely clear, and it is definitely stated elsewhere that 
the Levites were to have no inheritance, § 160. They are repeatedly classed with the resident 
alien, the fatherless, and the widow. As their numbers increased, their necessities probably 
compelled some of them to take up other occupations. In the Jewish community which 
Nehemiah found in Palestine, still living under the Deuteronomic law, the Levites had not 
received their portions and had gone to work in the fields, Neh. 13 10 . It was the uncertainty, 
however, and their inability to collect their dues, rather than the insufficiency, which made 
the support of the pre-exilic priests so unsatisfactory. 

> Dt. 18 1 /. e., all offerings, a part of which was burnt as Jehovah's portion. The term 
occurs sixty-two times in the priestly and only once in the Deuteronomic codes. 

k Dt. 18 8 Lit., gates. 

1 Dt. 18 6 Lit., with nil the desire of his soul. 

m Dt. 18 f, - s This provision was for the ministers of the ancient shrines, outside Jerusalem, 

which had been declared illegal by the Deuteronomic law. Second Kgs. 23 8 states that Josiah 

i roved all thc^e high places in Judah and brought their priests to Jerusalem. Vs. 9 adds, 

however, that the priests of the high places did not come up to the altar of Jehovah in Jerusalem, 

but ale unleavened bread among their kinsmen. 

176 



MEANS OF SUPPORT [Dt. 16 13 

Deutcronomic Codes 

13 Thou shalt keep the feast of tabernacles seven days, after thou hast in the 
gathered in the output of thy threshing-floor and thy wine-press. 14 And Jaber-° f 
thou shalt rejoice in thy feast, together with thy son and thy daughter, and nacles 
thy male and female slaves, and the Levite, the resident alien, the fatherless, 
and the widow who live with thee. 

14 28 At the end of every three years thou shalt bring out all the tithe of Part of 
thine increase in that year and shalt deposit it within thy city, 29 that the enniaf 
Levite, because he hath no portion nor inheritance with thee, and the resi- tithe 
dent alien, the fatherless, and the widow, who are in thy city, may come, 
and eat and be satisfied in order that Jehovah thy God may bless thee in 
all the work to which thou puttest thy hand. 

§ 152. Slaves of the Sanctuary, Josh. 9 26 . 27 
Primitive Codes 

Josh. 9 26 Joshua saved the Gibeonites from the hand of the Israelites Fate 
so that they did not slay them. 27 And Joshua made them at that time Gib- 6 
hewers of wood and drawers of water, for the congregation, and for the altar eonites 
of Jehovah (as they are to this day) in the place which he should choose. 



c 

SACRED OFFICIALS IN EZEKIEL'S HIERARCHY 

§ 153. Duties of the Levites and Priests, Ezek. 44 

EzekicVs Code 

Ezek. 44 x Then he took me back to the outer eastern gate of the sanct- Sanc- 
uary, and it was closed. 2 Then he a said to me, This gate shall remain closed ; ^}\^ e 
it shall not be opened, and none shall enter by it; for Jehovah the God of eastern 
Israel hath entered by it, therefore it shall remain closed. 3 As for the prince 
he may sit therein b to eat bread in the presence of Jehovah; he shall enter 
by the vestibule of the gate, and by the same way shall he go out. 

§ 152 Captives of war were in ancient times dedicated to the Deity in gratitude for the 
victories gained. Upon them fell the menial services in the sanctuaries. In Babylon and 
Egypt they also cultivated the lands or herded the flocks belonging to the temples. The 
Chronicler in his list of the returned refers to a class called the nethinim or temple slaves. Ezek., 
however, reversed the ancient usage, cf. § 153. For the setting of the above passage from 
Josh. cf. Vol. I, § 113. 

§ 153 Ezekiel not only adopts many of the existing regulations regarding the priesthood, 
but he also introduces not a few innovations which reappear in the later priestly codes. He 
provides that the foreign slaves be kept out of the sanctuary. Their former duties he assigns 
to the Levites, who had ministered before Josiah's reformation at the high places outside 
Jerusalem. He knows nothing about the sons of Aaron, but he distinctly stipulates that the 
sons of Zadok, the Levitical priests of the Jerusalem temple, shall perform the more im- 
portant acts of sacrifice. 

Ezekiel also defines more rigorously the ceremonial limitations of the priesthood and 
directs that they have an increased and definite portion of the offering. Thus at every point 
his enactments mark the transition from the earlier Deuteronomic to the more complex later 
priestly regulations. 

■ 44 2 The Heb. adds, Jehovah. 

b 44 3 So Gk., Syr., and Lat. The Heb. repeats, prince. 

177 



u anes 



Ezek. 44 4 ] OFFICIALS IX EZEKIEL'S HIERARCHY 

EzckieVs Code 

Of the 4 Then he took me by way of the north gate to the front of the temple; and 

temple * looked and behold, the glory of Jehovah filled the temple. And I fell on 

my face. 5 And Jehovah said to me, O man, give heed, see with thine eyes 

and hear with thine ears all that I tell thee regarding the regulations of the 

temple of Jehovah and all its laws, and observe carefully how to enter the 

temple by all of the exits of the sanctuary. 6 Say to the rebellious, even to 

the house of Israel, ' Thus saith the Lord Jehovah, "Enough of all your 

abominations, O house of Israel, 7 in that ye have brought foreigners, neither 

consecrated in heart nor flesh, d to be in my sanctuary to profane it, e when 

ye offered me bread, fat and blood; thus ye f have broken my covenant, 

with 8 all your abominations ! 8 And ye have not taken charge of my holy 

things but ye have set them as keepers 11 in charge of my sanctuary." ' 

Duties 9 Therefore thus saith the Lord Jehovah, ' No foreigner, consecrated neither 

Levitl- in heart nor flesh, 1 of all the foreigners who are among the Israelites, shall 

ca ! enter my sanctuary. 10 But those Levites who went far from me, when Is- 

nricsts 

from rael went astray, who went astray from me after their idols,J shall bear their 

cient" 1 guilt. u Yet they shall be ministers in my sanctuary, having oversight at 

sanct- the gates of the temple, and ministering in the temple, thev shall slay the 

burnt-offering and the sacrifice for the people, and they shall stand before 

them and minister to them. 12 Since they were wont to minister to them 

before their idols, and were a stumbling-block of iniquity to the house of 

Israel; therefore I have taken a solemn oath k against them,' is the oracle of 

the Lord Jehovah, 'and they shall bear their guilt. 13 And they shall not 

approach me to act as priests to me, so as to come near any of my sacred 

things, or to those which are most sacred; but they shall bear their shame 

and the punishment for the abominations which they have committed; 14 I 

will make them responsible for the care of the temple, for all its service, and 

for all that shall be done therein. 

Duties 15 But the priests the Levites, the sons of Zadok, 1 who took charge of my 

sons of sanctuary when the Israelites went astray from me, shall come near to me to 

Zadok minister to me, and they shall stand before me to offer to me fat and blood/ 

is the oracle of the Lord Jehovah. 16< They shall enter my sanctuary, and 

they shall approach near to my table to minister to me, and they shall keep my 

charge. 17 When they enter the gates of the inner court, they shall wear 

linen garments, but they shall have on no wool while they are officiating 

in the gates of the inner court and in the temple. m 18 Thev shall have linen 

c 44 5 /. e., the proper rules for entering the temple with offerings. 

d 44 7 Lit., undrcumdaed, i. e... with do true religion. 

e 44 7 The Heb. adds, but the C.k. omits, my temple. 

f 44 7 So Gk., Syr. and Lat, Heb.. &ey. 

*44 7 SoGk. Heb., to. 

h 44 8 So Gk. The reference is to foreign attendants at the pre-exilic temple, cf. § 152, 
Ezra 8 20 . Neh. 7 f <°. 

' 44° This is the prototype of the Greek tablet found on the temple arch in 1870 by M. 
Clermont-Ganneau, which reads, No stranger shall come vrithin the balustrade and enclosure 
around the temple; whoever is caught will be himself responsible for his death, which will follow. 

> 44 10 /. e., the priests of the local shrines outside Jerusalem. 

k 44 12 Lit., lifted up my hand (in taking the oath). 

1 44 1S The Zadok who succeeded Abiathar as the head of the Jerusalem priesthood in the 
days of Solomon, I Kirs. 2-' 7 ' i: '. 

m 44 17 Slightly correcting the Heb. 

178 



DUTIES OF THE PRIESTS [Ezek. 44 1 * 

EzekieVs Code 

turbans upon their heads and linen breeches on their loins; they shall not 
gird themselves with anything that causeth sweat. 11 19 But when they go 
forth to the outer court to the people, they shall put off the garments in 
which they were officiating, and lay them in the sacred chambers; and they 
shall put on other garments, that they may not sanctify the people with 
their garments. 20 Neither shall they shave their heads, nor suffer their 
hair to grow long; they shall cut off their hair. 21 None of the priests shall 
drink wine, when they enter the inner court. 22 Neither shall they marry a 
widow nor a divorced woman, but only Israelitish virgins or the widow of a 
priest. 

23 And they shall teach my people the difference between the sacred and As 
the common, and instruct them how to discern between the unclean and §^g ^ 
the clean. 24 And in a controversy they shall act as judges, judging it ac- t he 
cording to my ordinances. And they shall keep my laws and my statutes and 
in all my appointed feasts; and they shall maintain the sanctity of my sab- 
baths. 

25 And they shall not approach a dead person to defile themselves; except Cere : 
in the case of a father, or a mother, or a son, or a daughter, or brother, or ™riiy 
unmarried sister.^ 26 And after his defilement, 1 * a priest shall be given 
seven days. 27 And on the day that he goeth into the inner court, s to min- 
ister in the sanctuary, he shall offer his sin-offering,' is the oracle of the Lord 
Jehovah. 

28 And they shall have no* inheritance; I am their inheritance; and ye Means 
shall give them no possession in Israel; I am their possession. 29 They shall p r" p ~ 
eat the cereal-offering, and the sin-offering, and the guilt-offering; and every 
devoted thing u in Israel shall be theirs. 30 And the best of all the firstfruits 
of every thing, and every contribution of every thing, of all your contribu- 
tions, shall belong to the priest; ye shall also give to the priests the best of 
your dough, that a blessing may rest on thy household. 31 The priests shall 
not eat of any thing that dieth a natural death or hath been mangled, whether 
it be bird or beast. 

a 4418 This last clause may be secondary. The meaning of the Heb. is not certain. 

44 19 So Gk. The Heb. repeats, to the court. 

p 4419 The idea that sanctity, as well as ceremonial uncleanness, could be communicated 
by contact was firmly fixed in the Heb. mind. Cf. Lev. 6 18 - 27 , Josh 7 12 . 

q 4425 The reason was probably to prevent interruptions in the sacrificial service. 

r 4426 g Syj. T n iYie Heb. a scribe has confused two similar words, so that the vs. now 
begins, after he is cleansed. 

8 44 27 So Gk. A Heb. scribe has added by mistake, into the sanctuary. 

* 44 28 So Lat. and the demands of the context. The negative has been lost in the Heb. 

u 4429 i % e>) those things placed under the ban or dedicated to Jehovah. 



179 



Ezek. 459] OFFICIALS IN EZEKIEL'S hierarchy 

§154. Duties of the Princes, Ezek. 45 917 . - 125 , 46 1 ' 15 

EzekieVs Code 

To reg- Ezek. 45 9 Thus saith the Lord Jehovah, Enough, O princes of Israel! 
weights Put away violence and oppression, and practice justice and righteousness ! 
55JL. ^ ree my people from your robberies, is the oracle of the Lord Jehovah. 
ures 10 Ye shall have just balances, and a just ephah, and a just bath. n The 
ephah v and the bath w shall be of one measure; the bath shall contain the 
tenth part of a homer, and the ephah the tenth part of a homer; the homer 
shall be the standard of measurement. 12 And the shekel shall be twenty 
gerahs; five shekels shall be valued as five shekels x , and ten as ten, and your 
maneh shall be fifty shekels. 
To pro- 13 This is the contribution that ye shall offer : the sixth part of an ephah 
mate- out of every homer of wheat; and ye shall give the sixth part of an ephah 
rial for ou i f everv homer of barley; 14 and the fixed proportion of oil, a shall be the 
fices tenth part of a bath out of every cor, the cor being ten baths ; b 15 and one 
lamb out of a flock of two hundred, from all the families of Israel, as a 
cereal-offering, and a burnt-offering, and peace-offerings, to make atone- 
ment for them, saith the Lord Jehovah. 16 A11 the people of the land shall 
contribute to this special gift for the prince in Israel. 17 And it shall be the 
prince's part to give the burnt-offerings, and the cereal-offerings, and the 
libations at the feasts, and on the new moons, and on the sabbaths, at all 
the feast days of the house of Israel : he shall prepare the sin-offering, 
and the cereal-offering, and the burnt-offering, and the peace-offerings, to 
make atonement for the house of Israel. 
Also 21 In the first month, on the fourteenth day of the month, ye shall observe 

stated* the feast d of the passover; seven days unleavened bread shall be eaten. 
22 On that day the prince shall provide for himself and for all the people of 
the land a bullock as a sin-offering; 23 and during the seven days of the feast 
he shall provide a burnt-offering for Jehovah, seven bullocks and seven 
rams without blemish; and a male goat daily as a sin-offering. 24 And he 
shall provide a cereal-offering, an ephah to a bullock, and an ephah to a ram, 
and of oil a hin to an ephah. 25 In the seventh month, on the fifteenth day 
of the month, at the feast, shall he do the same during the seven days, for the 
sin-offering, the burnt-offering, the cereal-offering, and for the oil. 
Offer- 46 x Thus saith the Lord Jehovah, The east gate of the inner court shall 
foPthe k e shut during the six working days; but on the sabbath day, and on the 
bath ^ a y °^ *^ e new moon it shall be open. 2 And the prince shall enter from 

§ 154 The Exile, as a matter of fact, and Ezek. by formal enactment reversed the rela- 
tions between the priesthood and monarchy, so that the Jerusalem priests were no longer 
merely appendages of the royal court, but the central figures in the state; the chief functions 
of the prince was simply to provide certain stated offerings in the temple service. 

v 45 11 This was a dry measure and contained about 36 or 37 litres, cf. Appendix IX. 

w 45" The bath was a liquid measure, and contained about 8 gallons or 36 or 37 litres. 

'45H SoGk. A 

* 45 1 * A scribe has added from Dt. 14, of the bath of oil. 

b 45 14 So Gk. The Heb. adds, a homer, for ten baths are a homer. 

c 45 15 So Gk. Heb., from the well-watered. 

d 45 21 Transferring the word, feast, and slightly correcting the Heb. 

180 



offer' 
ings 



DUTIES OF THE PRINCES [Ezek. 46 2 

EzekieVs Code 

without by the vestibule of the gate, and shall stand by the door-post of the 
gate; and the priests shall prepare his burnt-offering and his peace-offerings, 
and he shall worship at the threshold of the gate, and then go out; but the 
gate shall not be shut until evening. 3 And the people of the land shall wor- 
ship at the door of that gate before Jehovah on the sabbaths and on the new 
moons. 4 And the burnt-offering which the prince shall offer to Jehovah on 
the sabbath day shall be six lambs without blemish and one ram without 
blemish; 5 the cereal-offering being an ephah to a ram, and for the lambs 
as he is able to give, and of oil a hin to an ephah. 

6 And on the day 'of the new moon it shall be a young bullock without For 
blemish and six lambs, and a ram, without blemish; 7 and he shall prepare ne ^. 
a cereal-offering, an ephah for the bullock, and an ephah for the ram, and moon 
for the lambs as he is able, and of oil a hin to an ephah. 

8 And when the prince shall enter, he shall go in by the vestibule of the Manner 
gate, and he shall go forth by the same way. 9 But when the people of the trance 
land shall come before Jehovah in the feast days, he who enters by the north an fJ 
gate to worship shall go out by the south gate; and he who enters by the south 
gate shall go out by the north gate; none shall return by the gate at which 
he came in, but shall go out straight ahead. 10 The prince shall go in with 
them, when they go in, and go out, when they go forth. 

11 And on the feast days and the festivals the cereal-offering shall be an On the 
ephah to a bullock, and an ephah to a ram, and for the lambs as he is able feaJJt* 
to give, and of oil a hin to an ephah. 12 And when the prince shall prepare da y 3 
a voluntary-offering, a burnt-offering or peace-offerings as a voluntary- 
offering to Jehovah, the east gate shall be opened for him, and he shall pre- 
sent his burnt-offering and his peace-offerings, as he doth on the sabbath 
day; then he shall go out; and after he has gone out the gate shall be shut. 

13 And he e shall provide daily a lamb a year old without blemish as a burnt- 
offering to Jehovah ; f each morning shall he provide it. 14 And he shall pro- 
vide as a cereal-offering with it each morning the sixth part of an ephah, and 
the third part of a hin of oil, to moisten the fine meal, as a cereal-offering to 
Jehovah by a perpetual ordinance. 15 Thus shall he provide the lamb, and 
the cereal-offering, and the oil, each morning, as a regular burnt-offering. 

e 4613-H g Qk #> g yr an j L at xhe Heb. has in these vss. the second person singular, 
although in 15 , they, is used. The context supports the reading, he, throughout. 
f 46 1 * So Gk. The Heb. adds, continually. 



181 



Ezek. 45 1 ] OFFICIALS IN EZEKIEL'S HIERARCHY 

§ 155. Apportionment of the Land to the Temple, Levites, City, Prince, 
and Tribes, Ezek. 45 1 " 8 , 46 1618 , 47 [48] 



To the 
temple 
and its 
minis- 
ters 



Ezek id's Code 

Ezek. 45 2 When ye allot the land as inheritance, ye shall offer as a 
special gift 6 to Jehovah, a sacred portion of the land, five thousand cubits 
long, and twenty h thousand cubits wide; it shall be sacred throughout its 
entire extent. ; >And out of this area shalt thou measure off a space twenty- 
five thousand cubits long and ten thousand cubits wide, and on it shall the 
sanctuary, the most holy, 1 stand. 4 It is a holy portion of the land; it shall 
belong to the priests who are the ministers in the sanctuary, who draw near 
to minister to Jehovah; and it shall be a place for their houses, and an open 
space for the sanctuary. 2 Out of this a square of five hundred cubits shall be 



§ 155 The question of the reassignment of the territory of Canaan was a prominent one in 
the minds of the priestly exiles in Babylonia. As a matter of fact the land about Jerusalem 
never passed out of the possession of the Jewish survivors of the great catastrophe of 586 B.C. 
This fact must have been known to Ezek. and his associates. His plan of apportionment, like 
many other elements in his program, must, therefore, be regarded as an ideal rather than a 
practical basis for reorganization. It aims concretely to emphasize the necessity of carefully 
protecting the temple, the abode of the Holy One, from all defiling contact with the outside 
world. The priests, the Levites, the prince and the different tribes all represent successive 
ranks of guardians about the sanctuary. Provision is also made for the priests and Levites 
proportionate to their importance in the new Jewish state. 

The accompanying diagram will illustrate Ezek.'s plan of allotment given in 48. Since 
this chapter simply gives these details, in Ezek.'s repetitious style, it has not been reproduced 
in the present text. 

b 45 1 Lit., offer an oblation. 

h 45 1 So Gk. Heb., ten. The standard of measure is not given, but it is in all probability 
the cubit. The total area would contain between forty and fifty square miles. 

' 45 3 Restoring the Heb. with the aid of the Gk. This space corresponded to the common 
pasture grounds about every ancient Heb. village. Heb., and a sanctuary for the sanctuary. 
Gk., houses set aside or assigned for their sanctiflcation. 



DAN 



ASHER 



NAPHTALI 



MANASSEH 



EPHRAIM 



REUBEN 



JUDAH 



PRINCE'S 
DOMAIN 



TEMPLE 

□ 

AND PRIESTS 



IELDS I CiTY I FIELDS 



1.0,000 <:, 000 10,000 

BENJAMIN 



SIMEON 



ISSACHAR 



ZEBULUN 



GAD 



PRINCE'S 
DOMAIN 



182 



APPORTIONMENT OF THE LAND [Ezek. 45 2 

EzekieVs Code 

for the sanctuary, with an open space fifty cubits wide around itJ 5 And a 
space twenty-five thousand cubits long and ten thousand wide shall belong 
to the Levites, the ministers of the temple; their possession shall it be for 
cities in which to dwell. k 

6 And as the possession of the city, ye shall assign a space five thousand To the 
cubits wide, and twenty -five thousand long, beside the sacred reservation; and 
it shall belong to the whole house of Israel. 7 And the prince shall have the P" n ce 
space on both sides of the sacred reservation and the possession of the city, 
facing the sacred reservation and the possession of the city, on the west and 
on the east, and of the same length as one of the portions of the tribes, from 
the west border to the east border 8 of the land. It shall be his possession in 
Israel; and the princes 1 of Israel shall no more oppress my people, but shall 
give the land to the house of Israel according to their tribes. 

46 16 Thus saith the Lord Jehovah, If the prince make a gift to any of His 
his sons, out of his inheritance, 131 it shall belong to his sons; it is their posses- [ g 
sion by inheritance. 17 But if he make a gift out of his inheritance to one of a | ien - 
his servants, it shall be his to the year of release; then it shall revert to the landed 
prince; but as for his inheritance, it shall belong to his sons. 18 Moreover erty" 
the prince shall not take of the people's inheritance so as to deprive them 

by force of their possession; he shall give an inheritance to his sons out of 
his own possession, that none of my people be scattered from his possession. 

47 x Then he brought me to the door of the temple and there was water Stream 
issuing from under the threshold of the temple eastward — the temple faced fron\ g 
the east — and the water came down 11 on the south side of the temple, to the *j^ ]e 
south side of the altar. 2 Then he brought me out by the way of the north 
gate, and led me around outside to the eastern outer gate; and there water 

was flowing on the south side. 

3 As the man went forth eastward with the line in his hand, he measured Its in- 
a thousand cubits, and he caused me to pass through waters, ankle-deep. fng as 
4 Again he measured a thousand cubits, and caused me to pass through volume 
waters, knee-deep. Again he measured a thousand cubits, and caused me 
to pass through waters, hip-deep. 5 Afterward he measured a thousand cub- 
its; and it was a river through which I could not pass, for the waters were 
deep enough to swim in, a river that could not be forded. 

6 And he said to me, Seest thou, O man? Then he brought me back to Its fer- 
tile bank of the river. 7 Now when I had returned, there on the bank of the effect 8 
river were very many trees on both sides. 8 Then he said to me, These 
waters issue forth toward the eastern region, and shall descend to the Arabah; 
and they shall go to the Dead Sea into the salt waters; which waters shall 

> 45 2 This vs. evidently belongs here. 

k 45 5 So Gk. The Heb. makes no sense. 

1 45 8 So Gk. Heb., my princes. 

m 46 16 So Gk. Heb., it is his inheritance. 

» 47 1 So Gk., Syr., and Lat. In the Heb. a scribe has added from the first part of the vs., 
from under. 

° 47 1 Ezek. probably has in mind one of the characteristic rivers of Palestine, which, like 
one branch of the Jordan, flows from its rocky source a full-fledged stream. Also in ancient 
times a spring issued from the temple mount, cf. Letter of Aristeas, and Is. 8 6 . 

p 47 8 Following a corrected text. 

183 



Ezek. 47 8 ] OFFICIALS IX EZEKIEL'S HIERARCHY 

Ezekid's Code 

be made fresh. 9 Every living creature which swarmeth, in every place 

whither the river** cometh, shall live; and the fish shall be very many. 1 " 

10 Fishers shall stand by it from Engedi even to En-eglaim; it shall be a place 

for the spreading of nets; its s fish shall be like* the fish of the Great Sea, 

exceeding many. n But its marshes and pools shall not be made fresh; 

thev shall be left for salt. u 12 And by the bank of the river on both sides 

shall grow every kind of tree which furnisheth food; their leaves shall not 

wither, neither shall their fruit fail; every month they shall bear fresh fruit, 

for their waters issue from the sanctuary, and their fruit shall be for food 

and their leaves for healing. 

Distri- 13 Thus saith the Lord Jehovah, This is the border, whereby ye shall 

of'lanVl a N°* tne ' an( l according to the twelve tribes of Israel. v 14 Ye shall share 

among ft equally, for I swore to give it to your fathers, and this land shall fall to you 

tribes as your inheritance. 

its nor- 15 And this is the border of the land on the north : From the Great Sea w 

border by x Hethlon, to the entrance of a 16 Hamath, as far as Zedad, Berothah, and 

Sibraim, b which is between the border of Damascus and Hamath; and to 

Hazerenon, which is on the border of Hauran; 17 thus the border shall run 

from'the sea to Hazarenon d , so that the territory of Damascus is on the north 

on the border of Hamath. e This is the northern border. 

East- 18 On the east : Between Hauran, Damascus and Gilead and the land of 

border Israel, shall be the Jordan; from the northern border to the eastern sea shall 

ye measure. This is the eastern border. 
South- 19 On the south : From Tamar as far as the waters of Meriboth-kadesh, to 
border * ne brook of Egypt, and to the Great Sea. This is the southern border. 
20 On the west : The Great Sea from the southern border to a point opposite 
the entrance of Hamath. This is the western border. 
Princi- 21 Thus ye shall divide this land among yourselves according to the tribe 
allot*-* °f Israel. 22 Ye shall allot it as an inheritance for yourselves and the aliens 
ment residing among you, who have begotten children among you; and they shall 
be reckoned with you as the native-born among the Israelites; they shall be 
assigned a portion with you among the tribes of Israel. 23 And ye shall 
give the alien his portion in the land in which he dwells, saith the Lord 
Jehovah. 

q 47 9 So Gk. Heb., rivers. 

T 47 9 In the Heb. the first part of the vs. is repeated, through a scribal error in the latter 
part. 

8 47 10 Again following the superior reading of the Gk., Syr. and Lat. 

t 47 10 Following the Syr. in omitting the awkward and very late, after their kinds. 

u 47 n /. e., that the natives may there gather salt. 

T 47 13 A scribe has added the clause, Joseph two portions. It interrupts the context. 
It was probably suggested by 48 5 - 6 . 

w 47 15 /. e., the Mediterranean. 

x 471s j n ih e direction of is clearly a gloss in the Heb., for Hethlon is probably to be iden- 
tified with the present Heitela near the shore of the Great Sea. 

• 471s Following the Gk. order. 

b 4716 -phe reading and identification of these places are exceedingly doubtful. 

«= 47 17 So " and 48 l , Nu. 34 9 . Heb.. Hatticon. 

d 47 17 Reconstructing the corrupt Heb. with the aid of 48 1 . 

• 4717 The Heb. is obscure. Cornill would emend so as to read, From Hazar-enon, which 
is on the border between the territories of Hauran and Damascus; the Jordan is the boundary 
between Gilead and the land of Israel. 

184 



ORIGIN OF THE HIERARCHY [Nu. 35 

D 

The Post-Exilic Hierarchy 

§ 156. Traditions Regarding the Origin of the Hierarchy, 

Nu. 3 5 " 10 [17 1 " 11 , Ex. 28 1 ] 
Priestly Codes 

Nu, 3 5 Jehovah spoke thus to Moses, 6 Bring the tribe of Levi near, and Call 
set them before Aaron the priest, that they may minister to him. 7 They ^ m . 
shall obey his orders and have charge of the whole congregation before the "J*!?' 011 
tent of meeting, to perform the service of the dwelling. 8 They shall also tribe of 
care for all the furniture of the tent of meeting, and have charge of the evi 
Israelites, to perform the service of the dwelling. 9 Thou shalt give the 
Levites to Aaron and to his sons; they shall be wholly given to him in behalf 
of the Israelites. 10 Thou shalt also appoint Aaron and his sons to have 
charge of their priestly office; the layman who comes near shall be put to 
death. 

The Post-Exilic Hierarchy. — The fall of the Judean state in 586 B.C. and the long sub- 
jection to foreign masters which followed left the priests the one ruling class in Judaism. With 
the fall of the monarchy, civil as well as religious authority passed to the hierarchy. The 
growing importance of the ritual also added to the prominence of the priesthood. The result 
was that from the days of Ezra and Nehemiah their numbers and duties and income rapidly 
increased. Their organization was also more highly developed. At the head of the hierarchy 
stood the high priest, with at times almost royal authority. Next in rank were his kinsmen 
and immediate associates the priests who were designated in the priestly codes as the sons of 
Aaron. Like the sons of Zadok in Ezek.'s hierarchy, note § 153, they were doubtless for the 
most part the descendants of the Levitical priests, who had served at the pre-exilic Jerusalem 
temple, cf. below. The distinction between them and the Levites, the descendants of the 
priests of the pre-exilic sanctuaries outside of Jerusalem, was sharply defined, and the Levite3 
were allowed to perform only the menial duties in connection with the temple. 

§ 156 The historical origin of the priesthood and of the later distinction between the 
priests and Levites has already been traced, cf. introd. under § 148. Later priestly tradition, 
however, following its natural tendencies, cf. Introd., p. 10, connected this origin directly 
with Moses. According to Nu. 3 5 " 10 , as Jehovah's herald, he proclaimed at Sinai the unique 
priestly prerogatives of the' sons of Aaron and the dependent position of the Levites. Their 
choice is arbitrary and final, cf. also Ex. 28 and 29 9 . The tradition in Nu. 17 1 - 11 also contains 
an account of a miraculous sign confirming the choice of Aaron, Vol. I, § 93. 

No clear traces of this late priestly belief that Aaron was the ancestral father of the 
legitimate priesthood can be found in the pre-exilic literature. It is not certain that his name 
occurred at all in the original early Judean prophetic narratives. In the Ephraimite section, 
Ex. 32, when the idolatrous northern cults at Bethel and Samaria are indirectly condemned, 
Aaron directs the making of the golden calf. Elsewhere in the northern traditions, Joshua 
ministers at the tent of meeting, Ex. 33 11 . The priests in charge of the pre-exilic Jerusalem 
temple were appointees of David and Solomon. Ezek. recognizes only the sons of Zadok and 
knows nothing of the sons of Aaron. The late title son of Aaron apparently included the 
Zadokites, and probably certain other priestly clans. Its origin is doubtful, but it seems to 
represent a compromise with the exclusive position set forth by Ezek. The Zadokites con- 
tinued, however, to hold the chief offices, and later apparently again came into prominence 
as the party of the Sadducees. 



185 



Nu. 8 23 ] TEDE LEVTTES 

I 
THE LEVTTES 

§ 157. Legal Age of Service, Nu. 8»" 

Very Late Supplemental Priestly Codes 

From Nu. 8 23 Jehovah said to Moses, 24 This is that which concemeth the 
five n to" Levites : From twenty-five years old and upward they shall go in to fulfil 
fifty their service in the work of the tent of meeting. 25 At the age of fifty years 
they shall cease to render service, and shall serve no more; 2G they may min- 
ister with their kinsmen in the tent of meeting, to fulfil that duty, but shall 
perform no service. Thus shalt thou deal with the Levites concerning their 
duties. 

§ 158. Consecration, Nu. 8 522 
. implemented Priestly Codes 

Rite of Nu. 8 5 Jehovah spoke thus to Moses, G Take the Levites from among the 
Israelites, and cleanse them. 7 Thus shalt thou deal with them, in cleansing 
them; sprinkle them with the water of expiation, a and let them shave all 
their flesh with a razor, and let them wash their clothes, and cleanse them- 
selves. 

Public 8 Then let them take a young bullock, with its cereal-offering, fine meal 

fice f in mixed with oil; b and another young bullock .shalt thou take as a sin-offering. 

b^if 9 Then thou shalt present the Levites before the tent of meeting; and thou 
shalt assemble the whole congregation of the Israelites; 10 and thou shalt 
present the Levites before Jehovah. And the Israelites shall lay their hands 
upon the Levites. 12 The Levites also shall lay their hands upon the heads 
of the bullocks; then thou shalt offer the one as a sin-offering, and the other 
as a burnt-offering, to Jehovah, to make atonement for the Levites. 13 Thou 
shalt also set the Levites before Aaron, and before his sons, and offer them 
as a sacred offering 01 to Jehovah. 



cleans- 
ing 



§ 157 Nu. 4 3 fixes the minimum age of service at thirty years; cf. § 34; 8 24 at twenty-five 
and the Chronicler at twenty, I Chr. 23 24 - 27 , II 31 17 , Ezra 3 8 . Apparently these different 
sources represent the usage in the succeeding periods to which they each belong. The increased 
duties of the Levites may well explain why in the Gk. period they were pressed into service 
at an earlier age. 

§ 158 The law prescribing a detailed ceremony for the consecration of the Levites evidently 
belongs to the latest stratum of the Pentateuch. It is really an expansion of the simple law 
of Nu. 3 5 - 10 . In the process of repeated expansion several repetitions have crept in, cf. e. g., 
vss. 6 - 15 and "• 13 - 15 . Vss. i*b-22 contain an expanded version of the preceding regulations. 
Aaron is also assigned the central place in the narrative instead of Moses. The aim of the law 
is to provide a formal consecration for the Levites, as well as for the priests, Lev. 8. 

a Nu. 8 7 Heb., water of sin, i. e., for the removal of sin. 

b Nu. 8 8 The phrase, as a burnt-offering, is perhaps to be added, though found in none of 
the versions, cf . 12 . 

c Nu. 8 10 Vs. n reads, Then Aaron shall offer (Heb., wave) the Levites before Jehovah 
as a sacred offering (Heb., wave-offering) in behalf of the Israelites, that it may be theirs to 
perform the service of Jehovah; it is clearly an explanatory interpolation. Aaron, not Moses, 
as in 13 , is commanded to present the Levites to Jehovah. 

d Nu. 8 1! Heb., wave them as a wave-offering. The original significance of the words ap- 
parently is lost here. So vss. 15 - 21 . 

186 



CONSECRATION [Nu. 8 14 

Supplementary Priestly Codes 

14 Thus shalt thou separate the Levites from among the Israelites, that Pre- 
the Levites may be mine. 15 Afterwards shall the Levites go in to perform t n je- 
the service of the tent of meeting; thus shalt thou cleanse them and offer them as b°vab 
a sacred offering; 16 for they are wholly given to me from among the Israelites; JJf the° 
instead of all that openeth the womb, even the first-born of all the Israelites, have I first- 
taken them for myself. 17 For all the first-born among the Israelites are mine, both born 
of man and of beast ; on the first day when I smote all the first-born in the land of the 
of Egypt I sanctified them for myself. 18 And I have taken the Levites instead of P e °P le 
all the first-born among the Israelites. 19 And I have given the Levites as a gift 
to Aaron and to his sons from among the Israelites, to perform the service of the 
Israelites in the tent of meeting and thus make atonement for the Israelites ; that 
there may be no plague among the Israelites, when the Israelites come near the 
sanctuary. 

20 So Moses and all the congregation of the Israelites dealt thus with the Levites; Tradi- 
according to all that Jehovah commanded Moses e concerning the Levites, thus tional 
the Israelites dealt with them. 21 So the Levites cleansed themselves from sin, prece- 
and they washed their clothes; and Aaron offered them as a sacred offering before 
Jehovah ; and Aaron made atonement for them to cleanse them. "Afterward 
the Levites went to perform their service in the tent of meeting before Aaron, 
and before his sons; as Jehovah had commanded Moses concerning the Levites, so 
they dealt with them. f 



§ 159. Duties, Nu. 3 5 " 9 , 18 1 " 6 [8 15 - 24 ' 26 ], l 47 ' 53 , 3 2S - 26 ' 29 ' 32 - 35 - 37 , 4 4 - ■. «. 24 - 33 , 
I Chr. 23 1 "* [6 - 26] 27 " 32 , 25 1 ' 8 

Priestly Codes 

Nu. 3 5 Jehovah spoke thus to Moses, 6 Bring the tribe of Levi near, To take 
and set them before Aaron the priest, that they may minister to him. 7 They Q f thef 
shall obey his orders, and have charge of the whole congregation before the sancT_ 
tent of meeting, to perform the service of the dwelling. 8 They shall also 
care for all the furniture of the tent of meeting, and have charge of the Israel- 
ites, to perform the service of the dwelling. 9 Thou shalt give the Levites 
to Aaron and his sons; they shall be wholly given to him in behalf of the 
Israelites. 

18 x And Jehovah said to Aaron, Thou and thy sons and thy fathers' To 
house with thee shall bear the consequences of the iniquity committed in the ^e S 
sanctuary ;S and thou and thy sons with thee shall bear the consequences of P«ests 
the iniquity committed in the exercise of your priestly office. 2 And thy 
kinsmen also, the tribe of Levi, the tribe of thy father, bring near with thee, 
that they may be associated with thee, and minister to thee, while thou and 
thy sons with thee are before the tent of the testimony. 3 And they shall 

e Nu. 8 20 Heb. adds, and Aaron, a later gloss. 

f Nu. 8 21 - 22 These vss. are very late additions to the law. 

§ 159 The late priestly laws limit the duties of the Levites to the care of the sanctuary 
and its furnishings. They are simply the servants of the priests and perform the menial ser- 
vices which fell to the temple slaves in the pre-exilic temple, cf. § 152. The Chronicler, how- 
ever, states that certain Levitical families or guilds were organized as temple singers. In 
I Chr. 6 18 three such Levitical guilds are mentioned, which bear the names, Heman, Asaph 
and Ethan, cf. II Chr. 20 1& Ezra 2 41 and its parallel Neh. 7 44 speaks only of the sons or guild 
of Asaph. The superscriptions of the Pss. also bear testimony to the existence of these guilds 
of singers. In connection with Herod's temple the Levitical singers play an important role. 
Their prominent development appears, however, to have followed the reformation under Ezra 
and Neh. cf. Vol. V, Introd. in loco. 

e Nu. 18 1 Heb., bear the iniquity of the sanctuary. The expression is apparently a tech- 
nical priestly idiom and must be expanded to be intelligible. Cf . e. g. 1 50 . 

187 



Nu. 18 3 ] THE LEVITES 

Priestly Codes 

obey thy orders, and have the care of all the tent; only they shall not come 
near to the vessels of the sanctuary and the altar, that they die not, neither 
they, nor ye. 4 And they shall be associated with thee, and have charge of 
the tent of meeting, to perform all the service of the tent, for no layman 
shall come near you. 6 But ye shall have charge of the sanctuary and the 
altar, that wrath may never again come upon the Israelites there. 6 And I, 
behold, I have taken your kinsmen the Levites from among the Israelites; 
they are a gift to you, given to Jehovah, to perform the service of the tent of 



Supplemental Priestly Codes 

To act Nu. 1 47 The Levites according to the tribe of their fathers were not 
te r J or " numbered among the Israelites; 48 for Jehovah said to Moses, 49 Only the 
aml tribe of Levi shalt thou not number, neither shalt thou take a census of them 
among the Israelites, 50 but appoint the Levites over the dwelling of the 
testimony, and over all its furniture, and over all that belongeth to it; they 
shall carry the dwelling, and all its furniture; and they shall minister to it, 
and shall encamp round about the dwelling. 51 And when the dwelling set- 
teth forward, the Levites shall take it down, and when the dwelling halteth 
the Levites shall set it up; the layman who cometh near shall be put to death. 
52 The Israelites shall encamp according to their hosts, each man by his own 
camp, and each man by his own standard. 53 But the Levites shall encamp 
about the dwelling of the testimony, that no wrath come upon the congre- 
gation of the Israelites; thus the Levites shall take charge of the dwelling 
of the testimony. 
Special 3 25 And the charge of the sons of Gershon in the tent of meeting shall be 
of 1 the tne dwelling, the tent, its covering, the screen for the door of the tent of 
sons of meeting, 26 the hangings of the court, and the screen for the door of the court 
shon which is by the dwelling, and by the altar round about, and the cords for all 

its service. 
Of Ko- 29 The families of the sons of Kohath shall encamp on the side of the dwell- 
hath ing on the south. 30 And the prince of the fathers' house of the families 
of the Kohathites shall be Elizaphan the son of Uzziel. 31 And their charge 
shall be the ark, the table, the candlestick, the altars, the vessels of the sanct- 
uary with which they minister, the screen, and all its service. 32 And Eleazar 
the son of Aaron the priest shall be the prince of the princes of the Levites, 
having the oversight of those who have charge of the sanctuary. 
Of 35 And the prince of the fathers' house of the families of Merari was Zuriel 

Meran ^ SQn Q f Abihail : they shall encamp on the north side of the dwelling. 36 And 
the appointed charge of the sons of Merari shall be the boards of the dwelling, 
and its bars, its pillars, its sockets, and all its instruments, and all its service, 
37 and the pillars of the court round about, with their sockets, their pins, 
and their cords. 

4 4 This is the service of the sons of Kohath in the tent of meeting, the 
care of the most holy things : 5 when the camp sets forth, Aaron shall go in, 

188 



DUTIES [Nu. 45 

Supplemental Priestly Code 

and his sons, and they shall take down the veil of the screen, and cover the Of the 
ark of the testimony with it. 15 And when Aaron and his sons have finished KoiSath 
covering the sanctuary, and all the furniture of the sanctuary, as the camp on th ® 
is about to set forth, after that the sons of Kohath shall come to carry them, 
without, however, touching the holy things lest they die. To carry these things 
is the duty of the sons of Kohath in connection with the tent of meeting. 

24 This is the service of the families of the Gershonites in connection with Of the 
serving and carrying : 25 they shall carry the curtains of the dwelling, and gifJn- 
the tent of meeting, its protecting covering, and the covering of Egyptian ites 
leather which is over it, and the screen of the door of the tent of meeting, 
26 and the hangings of the court, and the screen for the door of the gate of the 
court, which surrounds the dwelling and the altar, and their cords, and all 
the accessories of their service; whatever is to be done in connection with 
them the Gershonites shall perform. 27 At the bidding of Aaron and his 
sons the Gershonites shall perform all their service in connection with all 
that they have to carry, and all that is in their care. Ye shall assign to them 
by name all the things committed to them to carry.* 1 28 This is the service of 
the families of the Gershonites in the tent of meeting; the performance of 
their duties shall be under the supervision of Ithamar the son of Aaron the 
priest. 

29 As for the sons of Merari, thou shalt number them by their families, by Of the 
their fathers' houses; 30 from thirty years old and upward even to fifty years Merari 
old thou shalt number them, every one who entcreth upon the service, 1 to 
do the work of the tent of meeting. 31 This is their responsibility in connec- 
tion with carrying and all their service in the tent of meeting : the boards of 
the dwelling, and its bars, and its pillars, and its sockets, 32 and the pillars of 
the court round about, and their sockets, and their pins, and their cords, 
with all their accessories, and with all the work which they required 33 This 
is the service of the families of the sons of Merari in connection with all their 
serving in the tent of meeting, under the supervision of Ithamar the son of 
Aaron the priest. 

Chronicler's Ecclesiastical History 

I Chr. 23 *Now David was old and advanced in years when he made Varied 
Solomon his son king over Israel. 2 And he gathered together all the princes o^he 
of Israel, with the priests and the Levites. 3 And the Levites thirty years Levites 
old and upward were numbered; and their number by their census, man by ing to 
man, was thirty-eight thousand. 4 Of these, twenty-four thousand were to chron- 
oversee the work of the temple of Jehovah; and six thousand were officers icler 
and judges; 5 and four thousand were door-keepers; and four thousand praised 
Jehovah with the instruments which he k made for giving praise. 27 For in 

h Nu. 4 27 This last clause is perhaps a scribal addition. 
' Nu. 4 30 Lit., warfare. 

i Nu. 4 32 Ye shall appoint to them (cf. Gk. and 27 ) by name all (so Gk. and Sam.) the things 
committed to their charge to carry, is clearly a later gloss. 
k I Chr. 23 5 So Gk. Heb., / made. 

189 



temple 
singers 



I Chr. 23 2 7] THE LEVITES 

Chron icier* 3 Ecclesiastical History 

accordance with the last words of David the sons of Levi twenty years old 
and upward were numbered. 28 For their official duty was to wait on the 
sons of Aaron in connection with the service of the temple of Jehovah, in the 
courts, and in the chambers, and in the purifying of all the holy things, even 
the work of the service of the house of God 29 in connection with the show- 
bread 1 and the fine meal for a cereal-offering, whether of unleavened wafers 
or of that which is baked in the pan or of that which is soaked, and in con- 
nection with all measurements of capacity or length;™ 30 and to stand every 
morning to give thanks and praise to Jehovah, and likewise also in the evening; 
31 and to offer regularly all burnt-offerings to Jehovah, on the sabbaths, on 
the new moons, and on the appointed feasts, in their order according to the 
regulation concerning them. 32 They also had charge of the tent of meeting 
and of the holy place, and of the sons of Aaron their kinsmen in connection 
with the service of the house of Jehovah. 
As 25 1 Moreover David and the commanders of the army set aside for the 

service certain of the sons of Asaph and Heman and Jeduthun, who proph- 
esied with harps, with lyres, and with cymbals. And the number of those 
who did the work according to their service was 2 of the sons of Asaph : 
Zaccur, and Joseph, and Nethaniah, and Asharelah, n the sons of Asaph, 
under the charge of Asaph, who prophesied at the direction of the king. 
3 Of Jeduthun ; p the sons of Jeduthun: Gedaliah, Jizri,^ Jeshaiah, Hasha- 
biah, and Mattithiah, six, r under the direction of their father Jeduthun 
with the harp, who prophesied by giving thanks and praising Jehovah. 
4 Of Heman; the sons of Heman : Bukkiah, Mattaniah, Uzziel, Shebuel, and 
Jerimoth, Hananiah, Hanani, Eliathah, Giddalti, and Romamti-ezer, Josh- 
bekashah, Mallothi, Hothir, Mahazioth. 8 °A11 these were the sons of He- 
man the king's seer in accord with God's promise to exalt his horn.* And 
God gave to Heman fourteen sons and three daughters. 6 A11 these were 
under the direction of their father for song in the temple of Jehovah, with 
cymbals, lyres, and harps in connection with the service of the house of God, 
Asaph, Jeduthun, and Heman being under the direction of the king. 7 And 
their number, together with their kinsmen who were instructed in singing 
praise to Jehovah, even all who were skilful, was two hundred and eighty- 
eight. 8 And they all cast lots for their offices, both the small and the great, 
the teacher and the one taught. 

1 I Chr. 23 28 /. e., the baking of the bread. 

m I Chr. 23 28 /. e., to measure all gifts and offerings brought to the temple. 
D I Chr. 25 2 In vs. M Jesarel, Luc., Aseivela. 
° I Cnr. 25 2 Heb., under the hands of. 
p I Chr. 25 3 Elsewhere, Ethan. 
<i I Chr. 25 3 So ll ; Heb., Zeri. 

r I Chr. 25 3 But five are mentioned, unless the father be included. 

8 I Chr. 2o 4 A slight change in the vocalization of these proper names gives the fragment 
of a psalm which was probably in the Chr.'s mind: 

Be gracious to me, O Jehovah, be gracious! Thou art my God! 

Thou hast given great and signal aid to those in affliction; 

Thou hast given many and full visions. 
* I Chr. 25 5 /. 6., to bless with many offspring. 



I'M 



PROPERTY AND MEANS OF SUPPORT [Nu. 18 21 

§ 160. Property and Means of Support, Nu. 18 21 . 23 . 2 \ 31 28 - 30 - 47 , 35 1 *, 

Lev. 25 2s> - 3 * 
Priestly Codes 

Nu. 1 8 21 To the sons of Levi, behold, I give every tithe in Israel as an The 
inheritance, in return for their service which they perform, even the service tlthes 
of the tent of meeting. 23 The Levites shall perform the service of the tent 
of meeting, and they shall bear the consequences of their iniquity; this shall 
be a statute forever throughout your generations : u among the Israelites 
they shall have no inheritance. 24 For the tithe of the Israelites, which they 
offer as a portion reserved for Jehovah, I have given to the Levites as an in- 
heritance; therefore I have said concerning them, Among the Israelites they 
shall have no inheritance. 

Supplemental Priestly Codes 

Nu. 31 28 Levy a contribution for Jehovah upon the warriors who went Share 
out to battle; one in five hundred, of the persons, and of the oxen, and of the gjojf 
asses, and of the flocks. 29 Take it from their half, and give it to Eleazar ° f war 
the priest, as a special contribution to Jehovah. 30 And from the Israelites' 
half, thou shalt take one drawn out of every fifty, of the persons, of the oxen, 
of the asses, and of the flocks, even of all the cattle, and give them to the 
Levites, who have the charge of the dwelling of Jehovah. 47 Of the Israelites' 
half, Moses took one drawn out of every fifty, both of man and of beast, 
and gave them to the Levites, who had charge of the dwelling of Jehovah, 
as Jehovah commanded Moses. 

35 1 Jehovah spoke thus to Moses in the plains of Moab by the Jordan Forty- 
at Jericho, 2 Command the Israelites that they give to the Levites out of Jijf^s 
their hereditary possession cities to dwell in; and pasture land for the cities with 
round about them shall ye give to the Levites. 3 The cities shall they have sub- 
to dwell in; and their pasture land shall be used for their cattle, v and for their 
herds, and for all their beasts. 4 The pasture land of the cities, which ye 
shall give to the Levites, shall extend outside the wall of the city a thousand 
cubits in every direction. 5 Ye shall measure without the city on the east 
side two thousand cubits, and on the south side two thousand cubits, and on 
the west side two thousand cubits, and on the north side two thousand cubits, 
the city being in the midst . w This shall serve them as pasture land belonging 

§ 160 Cf. for the income of the pre-exilic Levitical priests, §§ 150, 157. The priestly law 
of Nu. 18 23 reiterates tne older regulation of Dt. 18 l , the Levites shall have no inheritance. 
The priestly law, however, provides that they shall no longer be dependent upon the gener- 
osity of the individual offerers, but shall receive as their own nine-tenths of the annual tithes, 
the remaining tenth to be paid by them to the priests. This regulation establishes as a law 
the principle underlying Nehemiah's reform measures, Neh. 13 1(M3 . The supplemental priestly 
codes added to the income of the Levites a portion of the spoils of war and reversed the earlier 
law to the effect that they should have no inheritance, and in a tradition connected with Moses, 
assigned to them certain cities, with the surrounding pasture lands. There is no evidence, 
however, that this provision was ever carried out. Like the regulation regarding the year of 
jubilee, it remained only a priestly ideal. Until the Levites became exceedingly numerous 
the tithe must have bountifully met their needs. 

u Nu. 18 23 This is possibly all a gloss with the exception of the last clause. 

v Nu. 35 3 Lit., property. 

w Nu. 35 5 Vss. *• s cannot be harmonized as they stand, for the area is a circle in * and a 
square in 5 . Either s is a gloss, or the author had not carefully considered his plan. 

191 



Nu. 35«] THE LEVITES 

Supplemental Priest!// Codes 

to the cities. ''As for the cities which ye shall give to the Levites, ye shall set 
apart the six cities of refuge, whither the nianslnver may flee; x and besides 
these ye shall set apart forty-two cities. 7 The whole number of the cities 
which ye shall give to the Levites shall be forty-eight cities; them shall ye 
give together with their suburbs. 8 And concerning the cities which ye 
shall set apart from the possession of the Israelites, from the great tribe ye 
shall take many, and from the small tribe ye shall take few; each tribe ac- 
cording to its inheritance which it is to receive shall set apart some of its 
cities for the Levites. 
Perpet- Lev. 25 29 If a man sell a dwelling-house in a walled city, he shall have 
right * ne right of redeeming it for a whole year after it has been sold; for a year 
in their shall he retain the right of redemption. 30 Then if it is not redeemed within 
tary a year, the house that is in the walled city shall be assured in perpetuity to him 
Son? 8 " wno bought it, to him and his descendants; it shall not be released in the year 
of jubilee. 31 But the houses of the villages which have no walls around them 
shall be reckoned as belonging to the fields of the country; the right of re- 
demption shall be retained for them, and they shall be released in the year of 
jubilee. 32 But in the case of the houses in the cities of the Levites, the cities 
which belong to the Levites, the Levites shall have the perpetual right of re- 
demption. 33 If, however, one of the Levites do not y redeem it, then the 
house that was sold in z the city that belongeth to him, shall be released at 
the year of jubilee; for the houses in the cities of the Levites are their posses- 
sion among the Israelites. 34 But the pasture land belonging to their cities 
may not be sold, for it is their perpetual possession. 



II 
THE PRIESTS 

§ 161. Qualifications, Lev. 21 lfl - 2 ' 



Holiness Code 



Free- Lev. 21 16 Jehovah gaye this command to Moses, "Say to Aaron, ' No one of 

from thy descendants throughout their generations who hath a blemish, shall ap- 

e v, ery proach to offer the food of his God. 18 For no one who hath a blemish may 

cal de- approach; no one who is blind, or lame, or he who is mutilated in the face, a 
feet _ 

1 Nu. 35 6 Slightly correcting the Heh., which is very awkward. 

y Lev. 25 33 The Heb. omits the negative. 

1 Lev. 25 33 Slightly correcting the text. The Heh. has, and, for, in. 

§ 161 The term, son of Aaron, as the regular designation of a priest, does not appear to 
have been found either in Ezek. or the Holiness Code, cf. note § 156. In the later process of 
priestly redaction, Aaron and the sons of Aaron have been introduced at many points into 
the older Holiness Code. In most cases, however, the hand of the editor is readily detected. 
The belief that a priest should be physically perfect is very ancient, and is in harmony with 
the characteristic teachings of the Holiness Code. Corresponding perfection and ceremonial 
purity were demanded in the case of both the offering and the individual offerer. It was in 
this graphic way that the prophetic ideal of moral perfection was impressed upon the popular 
mind by the later priestly teachers. 

» Lev. 21 18 Gk. and Syr., who hath a flat nose. 

192 



QUALIFICATIONS OF THE PRIESTS [Lev. 21 » 

Holiness Code 

or who hath a limb too long, 19 or a broken leg, or a broken arm, 20 or who is 
humpbacked or withered, or hath defective eyesight, b or scurvy, or is scabbed, 
or whose testicles are destroyed; 21 no one of the descendants of Aaron the priest, 
may thus come near to offer the offerings made by fire to Jehovah; he hath a 
blemish; he shall not come near to offer the food of his God. 22 He may eat 
the food of his God, both of the most holy and of the holy; 23 only he shall not 
go in to the veil, nor come near to the altar, because he hath a blemish; lest 
he profane my sanctuaries; for I am Jehovah who sanctifieth them.' 24 Thus 
Moses spoke to Aaron, and to his sons, and to all the Israelites. 

§ 162. Consecration, Ex. 29 1 *. 8 - 25 - 35 - 36a [Lev. 8 1 - 6 - 13 - 36 , Ex. 30 22 , 40 12 - "■"] 
Priestly Codes 

Ex. 29 *And this shall be thy method of procedure in consecrating Prep- 
Aaron and his sons to minister to me as priests : take one young bullock and Jj£ns 
two rams without blemish, 2 and unleavened bread, and unleavened cakes 
mixed with oil, and unleavened wafers smeared with oil : of fine wheaten 
flour shalt thou make them; 3 and thou shalt put them in a basket, and bring 
in the basket, with the bullock and the two rams. 

4 Then thou shalt bring Aaron and his sons to the entrance of the tent of Wash- 
meeting, and wash them with water. mg 

8 And thou shalt bring his sons and clothe them with tunics, 9 and shalt Attir- 
gird them with sashes, c and fasten turbans on them; and they shall have the j^fbof 
priesthood by a statute forever. Thus thou shalt install d Aaron and his sons. office 

10 Then thou shalt bring the bullock before the tent of meeting; and Aaron Sacri- 
and his sons shall lay their hands upon the head of the bullock, n and thou jje r _ 
shalt kill the bullock before Jehovah at the entrance of the tent of meeting. m 8 s 
12 Thou shalt take some of the blood of the bullock, and put it on the horns 
of the altar with thy finger, and pour out all the rest of the blood at the base 
of the altar. 13 And thou shalt take all the fat that covereth the entrails, and 
the fatty mass next to the liver, and the two kidneys, and the fat that is on 
them, and burn them upon the altar. 14 But the flesh of the bullock, and its 
hide, and the contents of its entrails, thou shalt burn with fire outside the camp; 
it is a sin-offering. 15 Thou shalt also take one of the rams; Aaron and his 
sons shall lay their hands on the head of the ram, 16 and thou shalt slay the 
ram, and take some of its blood, and dash it round about against the altar. 
17 Then thou shalt cut the ram in pieces, and wash its entrails, and its legs, 
and put them with the rest of its pieces, and with its head, 18 and thou shalt 
burn the whole ram upon the altar; it is a burnt-offering to Jehovah; it is a 
pleasant odor, an offering made by fire to Jehovah. 

b Lev. 21 20 Or, white specks in the eye, as Syr., or, a running in the eye, as Targ. 

§ 162 These elaborate laws belong to the latest stratum of the Pentateuch and represent 
the extreme development in the O.T. of that ceremonialism which ultimately overshot its 
true mark — the moral purity of the state and individual. In slightly different terms the 
parallels in Lev. 8 1 " 6 - 13 " 36 , Ex. 30 22 , 40 12 - 14 " 16 reflect the detailed directions of Ex. 29. 

c Ex. 29 9 A scribe has added the awkward gloss, Aaron and his sons. 

d Ex. 29 9 Lit., fill the hands of. 

193 



Ex. 2!)™] THE PRIESTS 

Priestly ( 'odes 

Rite of 19 Then thou slialt take the other ram; and Aaron and his sons shall lay 
Son*" th<M r hands on the head of the ram, 20 and thou shalt kill the ram and take 
some of its blood, and put it on the tip of the right ear of Aaron, and on the 
tip of the right ear of each of his sons, and upon the thumb of the right 
hand of each, and upon the great toe of the right foot, and dash the rest of 
the blood against the altar round about. 21 Thou shalt take some of the 
blood that is on the altar, and some of the anointing oil, and sprinkle it upon 
Aaron, and upon his garments, and upon his sons, and upon the garments 
of his sons as well; thus he shall be consecrated, and his garments, and his 
sons, and his sons' garments as well. e 22 Thou shalt take also of the fat of 
the ram, and the fat tail, and the fat that covereth the entrails, and the fatty 
mass next to the liver, and the two kidneys, and the fat that is on them, and 
the right thigh — for it is a ram of consecration — 23 and one loaf of bread, and 
one cake of oiled bread, and one wafer, out of the basket of unleavened bread 
that is before Jehovah; 24 thou shalt put them all on the hands of Aaron, and 
on the hands of his sons; and thou shalt wave them f as a wave-offering before 
Jehovah. 25 Then thou shalt take them from their hands, and burn them 
on the altar upon the burnt-offering, as a pleasant odor before Jehovah; it 
is an offering made by fire to Jehovah. 
Seven 35 So shalt thou deal with Aaron and his sons exactly as I have commanded 
cere! thee; seven days shalt thou take in installing them. 36a Each day shalt thou 
mony offer the bullock of sin-offering for atonement. g 



§ 163. Clothing, Ex. 28<°-<»3 [29 8 - \ Lev. 8"] 

Priestly Codes 

Cos- Ex. 28 40 For Aaron's sons thou shalt make tunics, and thou shalt make 

whfie f° r them sashes, and turbans shalt thou make for them, as splendid orna- 

officiat- ments. 41 Thou shalt put them on Aaron thy brother, and on his sons with him; 

Ing and shalt anoint them, and install them, and consecrate them, that they may 

minister to me as priests. 42 Thou shalt make them linen drawers to cover 

their bare flesh; from the loins to the thighs they shall reach; 43 and his sons 

shall wear them when they go in to the tent of meeting, or when they come 

near the altar to minister in the holy place, lest they incur guilt, and so die; 

it shall be a statute forever for him and his descendants after him. h 

e Ex. 29 21 This vs. is perhaps a later addition. In the Gk. it precedes the last clause of -°. 

f Ex. 29 24 /. e., swing them towards and from the altar, to symbolize their presentation 
to Jehovah, and his return of them to the giver. The expression is often used in a more general 
sense, where the original ceremony has disappeared, but not its significance. 

e Ex. 29 36a Possibly this vs. is later than the preceding law. 

§ 163 Vs. 41 anticipates the directions in 29 8 and interrupts the directions regarding the 
clothing in 40 - * 2 - 43 . The anointing of the priests also appears to be an addition peculiar to 
the supplemental codes. In the groundwork of the priestly codes the high priest, alone is 
anointed, cf. § 168. 

»» Ex. 28 42 > * 3 Prob. later than *° 



19* 



CEREMONIAL CLEANLINESS [Lev. 21 1 

§ 164. Ceremonial Cleanliness, Lev. 21 19 , 22 1 -*, lO". ». «. r, Ex. 30"-2i 
Holiness Code 

Lev. 21 ' Jehovah gave this command to Moses, Speak to the priests, the sons Nocon- 
of Aaron and say to them, s No priest shall defile himself for any one who is ^ h 
dead among his people, 1 2 except for his nearest kin, for his mother and his dead ^ 
father and his son and his daughter and his brother; 3 for his sister a virgin, nearest 
who is near to him and hath had no husband, he may defile himself. ° 
4 But he shall not defile himself for a sister betrothed to a husband, i so as to 
profane himself. 

5 They shall not make bald spots on their heads, nor shave off the corners No 
of their beards, nor make any cuttings in their flesh. 6 They shall be holy to muti- 
their God, and not profane the name of their God; for the offerings made by lation 
fire to Jehovah, the food of their God, they do offer; therefore they must be 
holy. 

7 A priest shall not marry a woman who is a harlot or dishonored, nor shall No 
he k marry a woman who has been divorced from her husband, for a priest immo- 
is consecrated to his God. 8 Thou shalt regard him as sacred, therefore, for rality 
he offereth the food of thy God; thou shalt regard him as holy; for I, Jehovah, 
who sanctify them, 1 am holy. 9 If the daughter of a priest profane herself 
by playing the harlot, she profaneth her father; she shall be burnt with fire.' 

2 2 x Jehovah gave this command to Moses, 2 Speak to Aaron and his sons, that Nor to 
they keep themselves separate from the holy things of the Israelites, which h i y e 
they consecrate to me, and that they profane not my holy name : I am tnin s 3 
Jehovah. 3 Say to them, 'Any one among all your descendants throughout 
your generations, who approacheth the 1 holy things, which the Israelites 
consecrate to Jehovah, while he is unclean, that person shall be cut off from 
before me : I am Jehovah. 4 No one of the descendants of Aaron who is a 
leper, or hath a discharge may eat of the holy things, until he become clean. 

Anyone, moreover, who toucheth a thing m that hath been made unclean Cleans- 
by a dead body, or a man who hath an emission of semen, 5 or anyone who C eremo- 
toucheth any swarming creature which may occasion uncleanness, or a man Jj 1 ^ 
from whom any sort of uncleanness may be contracted; 6 the person who ment 
toucheth any such shall be unclean until evening and shall not eat of the 
holy things until he bathe his body in water. 7 When the sun is set he shall 
become clean; and afterward he may eat of the holy things, because they 

§ 164 The ceremonial cleanliness of the priests was rigorously insisted upon by most 
ancient religions. The Egyptian priests wore linen and were required to bathe twice each day. 
The Persian priests observed strict rules of ceremonial cleanliness, and even wore a cloth over 
their mouth while sacrificing, lest their breath might contaminate the sacrificial offering. 
Thus by the example of the powerful nations with which they came into contact, as well as by 
the dominant forces at work in their midst, post-exilic Judaism was led to place the emphasis 
more and more on external forms. The passages from the Holiness Code, as usual, bring the 
ethical motifs to the front. 

1 Lev. 21 1 I. e., by participating in the funeral rites. 

J Lev. 21* Heb., being a chief man (or husband) among his people. The text is evidently 
corrupt and the versions differ. The reading adopted, though by no means certain, seems 
the most probable restoration. 

k Lev. 21 7 The Heb. has a pi. verb in this and the following clause. 

1 Lev. 21 8 So Gk. and Syr. Heb., you. 
m Lev. 22 4 Or, a person. 

195 



Lev. 227] THE PRIESTS 

Holiness Code 

are his food. 8 That which dieth a natural death, or is torn by beasts, he 
may not eat so as to be made unclean by it : I am Jehovah. 9 So shall they 
observe my injunction. If they incur sin on account of some holy thing, and 
die in consequence of profaning it : I am Jehovah who sanctifieth them.' 

Priestly Codes 

To take Lev. 10 8 Jehovah gave this command to Aaron, 9 Drink no wine or 
toxi- strong drink, either thou or thy sons, when ye go into the tent of meeting, 
lest ye die; this shall be a statute forever throughout your generations. 



ating 



Supplemental Priestly Codes 

To Lev. 10 6 Moses said to Aaron, and to Eleazar and to Ithamar, his sons, 

from m Do not unbind your heads or rend your clothes, lest ye die, and he be angry 
mourn- w j t ij gj] { ne congregation; but your fellow countrymen, the whole house of 
Israel, may bewail the burning which Jehovah hath kindled. 7 Ye shall 
not go out from the entrance of the tent of meeting, lest ye die, for the 
anointing oil of Jehovah is on you. Then they did according to the com- 
mand of Moses. 
To Ex. 30 17 Jehovah also gave this command to Moses, 18 Thou shalt make 

before a laver of brass, with its base of brass, to be used for w T ashing. Thou shalt 
°£?L~ put it between the tent of meeting and the altar, and thou shalt put water 
in it, 19 so that Aaron and his sons may wash their hands and their feet 
in it; 20 whenever they enter the tent of meeting, they shall wash with water, 
that they die not; or whenever they come near the altar to minister, to burn 
an offering made by fire to Jehovah. 21 So they shall wash their hands and 
their feet, that they die not. This shall be a statute forever for them, even 
for him and his descendants throughout their generations. 

§ 165. Authority over Levites, Nu. 3*. «■ », 18'. 2a , 4" 

Priestly Codes 

invites Nu. 3 5 Jehovah spoke thus to Moses, (> Bring the tribe of Levi near, and 
set them before Aaron the priest, that they may minister to him. 9 And the 
Israelites shall give the Levites to Aaron and to his sons; they shall be wholly 
given to him in behalf of the Israelites. 

Nu. 1 8 l Jehovah said to Aaron, Thou and thy sons and thy fathers' house 
with thee shall bear the guilt of the sanctuary ; p and thou and thy sons with 
thee shall bear the guilt of your priesthood. 2a Thy kinsmen also, the tribe 
of Levi, the tribe of thy father, bring thou near with thee, that they may 
join themselves to thee and minister to thee. 



their 
ser- 
vants 



n Lev. 10 fi /. e., by removing the turbans. 

° Lev. 10 6 The reference is to the punishment of Aaron's sons, Nadab and Abihu, by fire 
from heaven because they had offered strange fire, *•*. 

p Nu. 18 1 Guilt of the sanctuary, i. e., the consequences of guilt incurred in connection 
with the sanctuary; cf. similarly, guilt of your priesthood. 

196 



AUTHORITY OVER THE LEVITES [Nu. 4 s7 

Supplemental Priestly Codes 

4t 27 At the bidding of Aaron and his sons the Gershonites shall perform 
all their service in connection with all that they have to carry, and all that 
is in their care ; ye shall assign to them by name * all the things committed to 
their charge to carry. 



§ 166. Duties, Lev. 1()8». l °- », Nu. 18 s - 7 *, Lev. 2»- 2 [ 9 - U16 ], 6 6b " 7 p. "], 
Nu. 4 U lsa - 16 
Priestly Codes 

Lev. 10 8a Jehovah said to Aaron, 10 Thou and thy sons shall distinguish To in- 
between the holy and the common, and between the unclean and the clean; 1 " 1^° 
n and ye shall teach the Israelites all the statutes which Jehovah hath re- people 
vealed to them through Moses. 

Nu. 18 5 And ye shall have charge of the sanctuary s and the altar that To offi- 
wrath may never again come upon the Israelites. 7a But thou and thy sons Sfthe 
with thee shall limit the duties of your priestly office to everything about the altar 
altar and to that which is within the veil. 

Lev. 2 When anyone offereth a cereal-offering as a gift to Jehovah, To pre- 
his gift shall be of fine meal; and he shall pour oil on it, and put frankincense hovafe 
on it. 2 Then he shall bring it to Aaron's sons the priests; and the priest shall part of 
take from it a handful of the fine meal and oil, with all the frankincense. Then offering 
as a memorial of the offering, the priest shall burn them on the altar, an 
offering made by fire, of an odor pleasing to Jehovah. 

Supplemental Priestly Codes 

Lev. 6 6b If a man bring a guilt-offering to Jehovah, 7 the priest shall Also 
make atonement for him before Jehovah; and he shall be forgiven for any- ^ e Jj 
thing which he may have done to incur guilt. * in s 3 

Nu. 4 n Also over the golden altar the sons of Kohath shall spread a To take 
violet cloth, and cover it with a covering of Egyptian leather, and shall put in f th? 
its staves. u 12 Then they shall take all the utensils of ministry which they a Jj3 r it 
use in ministering in the sanctuary, and put them in a violet cloth, and uten- 
cover them with a covering of Egyptian leather, and put them on the frame. S1 
13 They shall also take away the ashes from the altar, and spread a purple cloth 
over it; 14 and they shall put on it all the utensils of the altar which they use in 
ministering about it, the fire-pans, the fleshhooks, and the shovels, and the 

o Nu. 4" So Gk. and cf. 30 . Heb. omits, by name. 

§ 166 For the duties of the pre-exilic priests, cf. § 149, and of Ezek.'s priesthood, § 153. 
Their earlier functions as guardians of the oracle and as judges in civil as well as ceremonial 
cases have disappeared in the priestly codes, and instead their activity is limited to the care 
of the sanctuary and its sacrificial ritual, to the instruction of the people concerning their cere- 
monial duties, and to distinguishing between real and apparent cases of leprosy, cf. § 179. 

r Lev. 10 10 In its present form in the Heb. this law is only a broken fragment, loosely 
connected with its context. It probably was originally a priestly direction. 

8 Nu. 18 5 Possibly the reference is to the oracle or holy of holies as elsewhere, but here 
it seems to include the sanctuary as a whole. Cf. for the context Vol. I, § 93. 

t Lev. 6 7 Lev. 14 also provides that the priests officiate in the sacrificial ceremony for the 
cleansing of lepers, cf. § 179. 

u Nu. 4 11 Vss. "■ 12 - » are possibly later than the rest. 

197 



Nr.4 11 ] THE PRIESTS 

Supplemental Priestly Codes 

basins, all the utensils of the altar; then they shall spread over it a covering 

of Egyptian leather, and put in its staves. 15a When Aaron and his sons 

have finished covering the holy things/ and all the holy utensils, w as the 

camp is about to set forth, after that the sons of Kohath shall come to carry 

them, without, however, touching the holy things lest they die. 

Sum- 16 Eleazar the son of Aaron the priest shall have charge of the oil for the 

IJTcere-. n g Dt - and the fragrant incense, and the daily x cereal-offering, and the 

monial anointing oil; he shall have oversight over all the dwelling, and all that is in 

it, the holy things y and the utensils which go with them. z 



§ 167. Means of Support, Lev. 23 15 - 20 , Nu. 18 20 , Lev. 7"-". 2836 ["], 10". ", Ex. 
29 27 > 28 , Nu. 189- 10 [Lev. 6 24 - 26 , 7 1 - 7 , 5"- 18 ], 6 14 - 18 , 10 12 - " [2 1 - 3 ], 7 9 - 10 , Nu. 6 19 - 20 , 
18 2J - 32 , 5 9 - 10 , 18". "■ 19 , 15 20 - 21 [Lev. 27 1 - 29 ], Nu. 18 12 - «. «-" [3«- 51 ], Lev. 24*- te , 
Nu. 5 5 - 8 , Lev. 7 8 , Nu. 81«- w 

Holiness Code 

Offer- Lev. 23 15 Ye shall count from the day following the sabbath, from the 
the S at ^ay * na t y e bring the sheaf of the wave-offering seven full weeks; 16 until 
feast of the day following the seventh sabbath shall ye count fifty days; then ye shall 
present a new cereal-offering to Jehovah. 17 Ye shall bring out of your 
dwellings two wave-loaves of two-tenths of an ephah; they shall be of fine 
meal, and they shall be baked with leaven, as firstfruits for Jehovah. 18 Ye 
shall present with the bread seven yearling lambs without blemish, and one 
young bullock, and two rams ; they shall be a burnt-offering to Jehovah, with the 
accompanying cereal-offering and libations, an offering made by fire, of an odor 
pleasing to Jehovah. 19 Ye shall also offer one male goat as a sin-offering, and B 
two male lambs a year old as a sacrifice of peace-offerings. 20 Then the 
priest shall wave them with the bread of the firstfruits as a wave-offering 
before Jehovah, with the two lambs;** they shall be a holy gift for Jehovah 
and shall belong to the priest. 

v Nu. 4 15ft Or, sanctuary. 

w Nu. 4 15a Or, utensils of the sanctuary. 

* Nu. 4 16 Heb., continual, cf. Lev. 6 1:i15 . 

y Nu. 4 16 Or, sanctuary and its utensils. 

z Nu. 4 16 This vs. was probably the latest addition to the chapter. 

§ 167 The priestly codes provide a definite and greatly increased income for the priests. 
Instead of being subjects of individual charity, as under the Deuteronomic codes, the priests 
were now able to demand certain specific dues. Definite portions of every sacrifice that was 
offered went to them. The tithe of the tithe also added to their income. As already enacted 
by Ezek., all the special contributions and objects consecrated to Jehovah, § 153, fell to them. 
In addition the priestly laws provide that the money paid for the redemption of every first- 
born in a family, tin; best portions of the olive oil and wine and the first ripe fruits as well as 
the first of the dough of every baking, should go to the priests. In this way they shared in 
the fruits of practically every form of labor in which the later Jews engaged. The supplemental 
laws further roll up their income by enacting that the hides of the animals sacrificed as burnt- 
offerings and a portion of all the spoils of war should belong to the priests. 

:i Lev. 23 1 "' 19a The original animal sacrifice appears to have consisted dimply of two 
lambs, W, This section was probably added by a scribe who had in mind Nu. 28 27 "* , but who 
confused the numbers of rams and bullocks. 

b Lev. 23 20 A very late interpolation. 

198 



MEANS OF SUPPORT [Nu. 18 20 

Priestly Codes 

Nil. 18 20 Jehovah said to Aaron, Thou shalt have no inheritance in No in- 
their land, nor shalt thou have any portion among them; I am thy portion ^nce 
and thy inheritance among the Israelites. 

Lev. 7 11 This is the law concerning the sacrifice of peace-offerings, Parts 
which one may offer to Jehovah : 12 if he offer it as a thank-offering, then he peace- 
shall offer with the sacrifice of thanksgiving unleavened cakes mixed with P ffer ~ 
oil, and unleavened wafers smeared with oil, and cakes mixed with oil, of 
fine meal well mixed. 13 With cakes of unleavened bread in addition to the 
sacrifice of his peace-offerings, which are given as a thank-offering, shall he 
present his gift. 14 And out of his offering he shall present one cake of each 
kind as a contribution to Jehovah; it shall belong to the priest who dasheth 
the blood of the peace-offerings. c 

28 Jehovah gave this command to Moses: ^Say to the Israelites, 'He who 
sacrificeth his peace-offerings to Jehovah shall bring his gift to Jehovah 
out of the peace-offerings which he sacrificeth. d 30 With his own hands 
he shall bring the offerings to be made by fire to Jehovah; the fat with 
the breast shall he bring, that the breast may be waved as a wave-offering 
before Jehovah. 31 The priest shall burn the fat on the altar; but the breast 
shall belong to Aaron and his sons. 32 And the right thigh shall ye give to 
the priest as a contribution out of the peace-offerings which ye sacrifice. 6 
33 He among the sons of Aaron who offereth the blood of the peace-offerings 
and the fat shall have the right thigh as his due. 34 For the wave-breast and 
the thigh that is set aside have I taken from the Israelites out of the peace-offerings 
which they sacrifice and have given them to Aaron the priest and his sons as their 
due forever from the Israelites. f 

35 This is the share 8 of Aaron, and the share of his sons, out of the offerings 
for Jehovah made by fire, in the day when Moses presented them to minister 
as priests to Jehovah, 36 which Jehovah commanded to be given by the Israel- 
ites on the day he anointed them. It is a statute forever throughout their 
generations/ 

1 14 Thou and thy sons and thy daughters with thee shall eat in a clean Of the 
place the wave-breast and the thigh of the contribution, for they are given contri^ 
as thy due, and thy sons' due, out of the peace-offerings which the Israelites butlon s 
sacrifice. 16 The thigh of the contribution and the wave-breast shall they bring 
with the offerings of the fat made by fire to wave them as a wave-offering before 
Jehovah ; they shall belong to thee and to thy sons as your due forever, as Jehovah 
hath commanded. 11 

Ex. 29 27 Thou shalt consecrate the breast of the wave-offering, and the 
thigh of the contribution, which is waved, and that which is contributed, of 
the ram of consecration, for Aaron and his sons; 28 and they shall belong to 

c Lev. 7 11 - 14 The form and contents of this passage indicate that it is from the priestly 
directions. 

d Lev. 7 28 - 33 These vss. are evidently a supplement to the preceding priestly directions. They 
probably come, however, from the author of the priestly groundwork, cf. Introd., pp. 44, 45. 

6 Lev. 7 32 Possibly a gloss. 

f Lev. 7 34 This vs. has the characteristics of the latest priestly editors. 

e Lev. 7 35 This word has been confused with one etymologically similar which means 
anointing portion, and this confusion has led to a gloss in 3fi , on the day that he anointed them. 
Vss. 35 - 36 may also be later additions to n - 14 . 

h Lev. 10 15 Probably a still later g!o.-s. 

199 



lllgs 



Ex. 29 2 8] THE PRIESTS 

Priesthj Code 

Aaron and his sons as their due forever from the Israelites; for it is a con- 
tribution; and it shall be a contribution from the Israelites out of the peace- 
offerings which they sacrifice, even their contribution to Jehovah. 

Nu. 18 9 This shall be thy share of the most holy things, reserved from 
the fire : all their gifts, even all their cereal-offerings, all their sin-offerings, 
and all their guilt-offerings, with which they make restitution to me, shall 
be held most sacred by thee and thy sons. 10 In a most holy place shalt thou 
eat it; every male shall eat it; it shall be held sacred by thee. 
Of the Lev. 6 14 This is the law concerning the cereal-offering : the sons of Aaron* 
offe£~ shall offer it before Jehovah, in front of the altar. 15 And he shall take up a 
handful of the fine meal of the cereal-offering, and of the oil, and of the 
frankincense which is upon the cereal-offering, and shall burn it on the altar 
as an offering made by fireJ of pleasing odor, as a memorial to Jehovah. 
16 The rest of it Aaron and his sons shall eat; it shall be eaten unleavened in a 
holy place; in the court of the tent of meeting they shall eat it. 17 It shall not 
be baked with leaven. I have given it as their portion of my offerings made by 
fire; like the sin-offering, and the guilt -offering, it is most holy. 18 Any male 
among the sons of Aaron may eat of it, as his everlasting due throughout your 
generations, from the offerings made by fire to Jehovah; but any layman who 
toucheth these offerings shall become holy. 1 

Supplemental Priestly Codes 

Lev. 10 12 Then Moses gave command to Aaron, and to Eleazar and 
Ithamar, his sons who were left to him, Take the cereal-offering that is left 
over from the offerings made by fire to Jehovah and eat it unleavened be- 
side the altar; for it is most holy. m l3 And ye shall eat it in a holy place, for 
it is thy due and thy sons' due of the offerings of Jehovah made by fire; for 
thus I am commanded. 

7 9 Every cereal-offering that is baked in the oven, and whatever is pre- 
pared in the stew-pan or on the griddle shall belong to the priest who offereth 
it. n 10 But every cereal-offering, whether mixed with oil or dry, shall belong 
to the sons of Aaron, to all alike. 

Priesthj Codes 

Of the Nu. 6 19 The priest shall take the boiled shoulder of the ram, and one 

rite 2 of- unleavened cake from the basket, and one unleavened wafer, and shall lay 

fermg them on the hands of the Nazirite, after he hath shaved off the evidence of 

his separation. 20 Then the priest shall wave them as a wave-offering 

• Lev. 6 14 The subsequent context indicates that this is a later insertion. The passage is 
from the priestly directions. 

J Lev. 6 15 So Gk. and Sam. Heb., as a pleasina odor, cf. I 9 and 2 2 . 

k Lev. 6 15 As a memorial, possibly secondary, interrupting the usual form of expression. 

1 Lev. 6 18 Lit., whoever touclieth them shall be holy, i. e., infected with holiness, tabooed 
from any common occupation. 

m Lev. 10 12 This vs. incorporates earlier data in a very late setting. 

■ Lev. 7 9 Possibly this vs. is also one of the later additions to the priestly codes. 

° Nu. 6 19 Lit., his separation, i. e., shaved off his hair which hitherto had symbolized his 
Naziriteship. 

200 



MEANS OF SUPPORT [Nu. 6 20 

Priestly Code 

before Jehovah; this is a holy gift for the priest, together with the wave- 
breast and thigh of the contribution; after this the Nazirite may drink wine. 

18 25 Jehovah gave this command to Moses, 26 Thou shalt speak to the A tithe 
Levites and say to them, ' When ye take from the Israelites the tithe which I ^^ 
have granted you from them as your inheritance, ye shall make a contribu- tithes 
tion from it to Jehovah, a tithe of the tithe. 27 Your contribution shall be 
accredited to you as though it were the grain of the threshing-flour and as 
the full produce of the winepress. 28 Thus ye also shall make a contribution 
to Jehovah of all your tithes which ye receive from the Israelites; and out 
of them ye shall give Jehovah's full contribution to Aaron the priest. 29 Out 
of all your gifts ye shall make the full contribution due to Jehovah, even the 
consecrated parts of these gifts, selecting it from the best of them.' ^There- 
fore say to them, 'When ye have contributed from your gifts the best part^ 
of them, the rest shall be reckoned to the Levites as the produce of the thresh- 
ing-floor and of the winepress. 31 Ye may eat it anywhere, ye and your 
families, for it is your reward in return for your service in the tent of meeting. 
32 When ye have made a contribution from the best of your tithes, ye shall in- 
cur no guilt on account of it; ye shall not profane the holy things of the Is- 
raelites, lest ye die.' 

5 9 Every contribution, even all the holy things of the Israelites, which 
they present to the priest, shall be his; 10 and as for every man's consecrated 
things, they shall belong to the priest ^ whatever any man giveth to the priest, 
his shall it be. 

18 n This is thine: the contribution from their gift, including all the All 
wave-offerings of the Israelites; I have given them to thee, and to thy cSntrt 
sons, and to thy daughters with thee, as an everlasting due; every one who buttons 
is clean in thy family may eat of it. 14 Everything devoted in Israel shall be 
thine. 19 A11 the contributions, which the Israelites make to Jehovah from 
the holy things have I given thee and thy sons and thy daughters with thee, 
as an everlasting due; it is an inviolable covenant 1 " forever before Jehovah 
for thee and for thy descendants with thee. s 

15 20 Of the first of your dough ye shall offer a cake as a contribution; 
as ye offer the contribution from the threshing-floor, so shall ye contribute it. 
21 Of the first of your dough ye shall give to Jehovah a contribution throughout 
your generations. 

18 12 A11 the best* of the oil, and all the best 1 of the new wine, and of the First- 
grain, the firstfruits of them which they give to Jehovah, to thee have I r f U the 
given them, 13 the first-ripe fruits of all that is in their land, which they bring ground 
to Jehovah, shall be thine; every one who is clean in thy family may eat of it. 

15 E very thing that openeth the womb of all flesh which they offer to Je- 

p Nu. 18 30 Lit., fat. 

i Nu. 5 9 Heb., be his. 

r Nu. 18 19 Lit., covenant of salt. The root idea is that those who share the same food, 
are bound not only to refrain from injuring each other, but to help each other whenever co- 
casion may demand. 

8 Nu. 18 14 - 19 This law is developed in Lev. 27 1 - 29 where the different gifts vowed or dedi- 
cated to Jehovah are specified. Cf. § 193. 

* Nu. 18 12 Lit., fat. 

201 



Nu.18 1 *] THE PRIESTS 

Priestly Codes 

First- hovah, both of man and beast shall be thine; only for the first-born of man 

family, thou shalt receive a ransom, and for the firstling of an unclean animal thou 

ll,r(l ' shalt receive a ransom. u 16 At a month old thou shalt receive its v ransom 

flock price according to thy valuation, the sum of five shekels, after the shekel of 

the sanctuary, which contains twenty gerahs. 17 But for the first-born of a 

cow, or the first-born of a sheep, or the first-born of a goat, thou shalt not 

receive a ransom ; they are holy ; thou shalt dash their blood against the altar, 

and burn their fat as an offering made by fire, of an odor pleasing to Jehovah. 

18 Their flesh shall be thine; like the wave-breast and the right thigh, it shall 

be thine. 

Show- Lev. 24 5 Thou shalt take fine meal and bake twelve cakes of it, with 

two-tenths of an ephah in each cake. 6 Thou shalt set them in two rows, six 

in a row, upon the table of pure gold w before Jehovah. 7 Thou shalt put 

pure frankincense upon each row, to serve as a memorial of the bread, an 

offering made by fire to Jehovah. 8 Every sabbath day the priest shall set it 

in order before Jehovah regularly; it is offered in behalf of the Israelites, in 

token of an everlasting covenant. 9a It shall belong to Aaron and his sons; 

they shall eat it in a holy place, for it is most holy. 

Supplemental Priestly Codes 
Guilt- Xu. 5 5 Jehovah gave this command to Moses : 6 Say to the Israelites, 
' When a man or woman shall commit any sin such as men commit, x in break- 
ing faith a with Jehovah, and that person shall so incur guilt, 7 he shall con- 
fess the sin which he hath committed, b and shall restore in full that which 
he holds wrongfully, and shall add a fifth to it, and give it to him by wrong- 
ing whom he hath incurred guilt. 8 But if the man have no kinsman to whom 
the property wrongfully held may be restored, the property wrongfully held 
must be restored to Jehovah; the priest shall have it; besides the ram of the 
atonement, with which atonement is made for him.' 
Hide Lev. 7 8 As for the priest, who offereth any man's burnt-offering, he shall 

burnt- n ave as his own the hide of the burnt-offering which he hath offered. 

Nu. 31 25 Jehovah gave this command to Moses: 26 Make an estimate of 

ings " 

Part the booty that was taken, both man and beast, thou, and Eleazar the priest, 
of *jjj and the heads of the fathers' houses of the congregation; 27 and divide the 
of war booty into two parts, between the men skilled in war, who went out to battle, 
and all the rest of the congregation. 28 Then levy a contribution for Jehovah 
upon the warriors who went out to battle : one in every five hundred, of the 
persons, and of the oxen, and of the asses, and of the flocks; 29 take it from 
their half and give it to Eleazar the priest as a special contribution to Jeho- 
vah. 

J Nu. 18 15 Lit., thou shalt ransom. The Heb. word is probably wrongly pointed. 
v Nu. 18 16 Its clearly refers to the first-born of man alone. 
w Lev. 24° Lit., pure table. 
x Nu. ")'' Or, against men. 
r ' Nu. 5 a Or, and so break faith. 

b Nu. 5 7 H-eb., then sltall confess ttieir sin which they have committed. 
Nu. o 7 Or, make restitution for his quilt. Lit., restore fits guilt. The word here used 
ordinarily means guilt-offering; and only here and in s has it the meaning indicated in the 
jlation. 

202 



offer- 
ings 



INSTALLATION OF THE HIGH PRIEST [Ex.295 

IV 

THE HIGH PRIEST 

§ 168. Installation, Ex. 29 5 - 7 , 40 12 13 [Lev. 8?- 12 ] 
Priestly Codes 

Ex. 29 5 Thou shalt take the garments, and clothe Aaron with the tunic, Inves- 
and the robe of the ephod, and the ephod, and the breastplate, and gird him ™|j re 
with the skillfully wrought band of the ephod ; 6 and thou shalt set the turban anoint- 
on his head, and put the holy crown upon the turban. 7 Then thou shalt 
take the anointing oil, and pour it on his head, and anoint him. 

Supplemental Priestly Codes 

Ex. 40 12 Thou shalt bring Aaron and his sons to the entrance of the 
tent of meeting, and shalt wash them with water. 13 Then thou shalt clothe 
Aaron with the holy garments; and thou shalt anoint him, and consecrate 
him, that he may minister to me in the priest's office. 

§ 169. Clothing, Ex. 28!-^, 29 29 - 30 [39 139 ] 

Priestly Codes 

Ex. 28 x Bring thou near to thee Aaron thy brother, and his sons with Prepa- 
him, from among the Israelites, that he may minister to me in the priest's ratlon 
office, even Aaron, Nadab and Abihu, Eleazar and Ithamar, Aaron's sons. 
2 Thou shalt make holy garments for Aaron thy brother, as splendid adorn- 
ments; 3 and thou shalt give command to all who are gifted, whom I have 
filled with the spirit of wisdom, a that they make Aaron's garments to con- 
secrate him, that he may minister to me in the priest's office. 4 And these 
are the garments which they shall make : a breastplate, and an ephod, and a 
robe, b and a tunic of checker work, a turban and a sash; thus they shall 
make holy garments for Aaron thy brother, and his sons, that he may min- 
ister to me in the priest's office. 5 They shall use thread of gold, and violet, 
and purple, and red cloth, and fine linen. 

The High Priest. — From the days of Solomon a chief priest was ever to be found, except 
during the Bab. exile, at the head of the Jerusalem priesthood. The names of some of the 
pre-exilic officials are known: Zadok, Jehoida and Hilkiah. Their title appears in the later 

E re-exilic literature to have always been chief priest. The same designation is used in the 
toliness Code. The title high priest is peculiar to the post-exilic priestly literature, and is 
suggestive of the exalted civil and religious authority exercised by the high priests who reigned 
over the sacred temple and the Jewish community that gathered about it. The exile brought 
the religious leaders of the Jewish race into close contact with the Babylonians and Egyptians 
among whom the high priests enjoyed similar commanding authority. It is probable, there- 
fore, that many of the elements in the later Jewish regulations regarding the high priest were 
suggested by the example of these powerful nations. 

§ 169 The high priest was in later Judaism the representative of the Heb. kings, as well as 
the head and crown of the hierarchy. His costume when officiating as the high priest of the 
nation was correspondingly regal. Each article of his clothing and adornment suggested its 
sacred symbolic meaning. The exact meaning of many of the Heb. words employed in the 
description is doubtful. 

a Ex. 28 3 Lit., wise of mind. 
b Ex. 28 4 Or, mantle. 

203 



Ex.286] THE HIGH PRIEST 

Priestly Codes 

Shoul- 6 They shall also make the ephod of gold, of violet, and purple, and red 
der_ cloth, and fine twisted linen, with skillful workmanship. 7 It shall have 
two shoulder-pieces fastened together, that it may be held together at the 
two ends. d 8 The skillfully wrought band, which is upon it, with which to 
gird it on, shall be of like workmanship and of the same piece with it, of gold, 
and violet, and purple, and red cloth, and fine twisted linen. 9 Thou shalt 
also take two onyx stones e and engrave on them the names of the sons of 
Israel : 10 six of their names on the one stone, and the names of the remaining 
six on the other stone, in the order of their birth. n With the workman- 
ship of an engraver in stone shalt thou engrave the two stones, with the names 
of the sons of Israel; thou shalt make them enclosed in settings of woven 
gold thread. 12 Thou shalt fasten the two stones on the shoulder-pieces of 
the ephod, as stones of memorial for the Israelites; thus Aaron shall bear 
their names before Jehovah on his two shoulders as a memorial. 13 Thou 
shalt also make settings of braided gold thread, 14 and two chains of pure 
gold; like cords shalt thou make them, well twisted; and thou shalt attach 
the corded chains to the settings. 
Jew . 15 Thou shalt make a breastplate of judgment, f skillfully wrought; of like 

elled workmanship with the ephod thou shalt make it; of gold, of blue, and purple, 
plate and violet, and fine twisted linen, shalt thou make it. 16 It shall be square 
and folded double, a span long, and a span wide. 17 Thou shalt insert in 
it a setting of stones, four rows of stones; a row of carnelian, topaz, and 
emerald shall be the first row; 18 and the second row shall contain a ruby, g 
a sapphire, and a jasper; 19 and the third row a jacinth, h an agate, and an 
amethyst; 20 and the fourth row a chrysalite, 1 and a beryl, and an onyx; they 
shall be interwoven with gold thread in their settings. 21 The stones shall 
correspond to the names of the sons of Israel, twelve according to their 
names; as a seal is engraved with one's name, they shall stand for the twelve 
tribes. 22 Thou shalt make upon the breastplate cordlike chains, well twisted, 
of pure goldJ 23 Thou shalt make upon the breastplate two rings of gold, 
and shalt attach the two rings at the two ends of the breastplate. 24 Then 
thou shalt put the two corded chains of gold in the two rings at the ends of 
the breastplate. 25 And the other two ends of the corded chains thou shalt 
attach to the two settings, thus sewing them to the shoulder-pieces of the 
ephod at the front of it. 26 Thou shalt also make two rings of gold, and 
attach them at the two ends of the breastplate, at the inner edge of it, which 
is toward the side facing the ephod. k 27 Thou shalt also make two rings of 

c Ex. 28 6 Lit., the work of a skillful workman. 

d Ex. 28 7 The text is not clear. 

e Ex. 28 9 Or, beryl, or malachite. Some gem, but just what kind is uncertain. 

f Ex. 28 15 Or, pouch to hold the oracle. 

c Ex. 28 18 Or, carbuncle . . . onyx. 

h Ex. 28 19 Or, amber, or carbuncle. 

> Ex. 28 20 Or, yellow jasper, . . . onyx . . . jasper. 

J Ex. 2S'-'-' Possibly a gloss; it is unnecessary after M . 

*Ex. 28 22 - 80 The Ok. lias a shorter and variant text for •"■>, omitting 23 > 26 - 28 , and 25 », 
placing -"•' before -', and omitting all mention of rings. The Ok. also represents the breast- 
plate as suspended by two corded chains. Neither the Heb. or Gk. are satisfactory. Behind 
both lies apparently a description of the breastplate hung by golden chains fastened to it, with 

20 1. 



CLOTHING [Ex. 28 27 

Priestly Codes 

gold, and attach them to the two shoulder-pieces of the ephod underneath, 
at the front of it, close to the place of joining, above the skillfully wrought 
band of the ephod. 28 The breastplate shall be secured by its rings to the 
rings of the ephod with a violet cord, so that it will be over the skillfully 
woven band of the ephod, and that the breastplate may not hang loose from 
the ephod. 29 Aaron shall bear the names of the Israelites in the breastplate 
of judgment upon his heart, when he goeth in to the holy place, as a memorial 
before Jehovah continually. 30 Thou shalt put inside the breastplate of 
judgment the Urim and the Thummim; 1 that they may be upon Aaron's 
heart, when he goeth in before Jehovah; thus Aaron shall bear the judicial 
decisions of the Israelites upon his heart before Jehovah continually. 

31 Thou shalt make the robe of the ephod all of violet. 32 There shall be Robe 
an opening at the top, m in the middle of it, with woven work about the 
opening, as in the case of a coat of mail, n that it be not torn. 33 On the 
lower edge of it thou shalt make pomegranates of violet, and purple, and red, 
round about the border of it; and bells of gold between them round about, 
34 a golden bell and a pomegranate, on the border of the robe round about. 
35 And Aaron shall wear it while ministering; and the sound of it shall be 
heard when he goeth in to the holy place before Jehovah, and when he cometh 
out, that he die not. 

36 Thou shalt make a diadem of pure gold and engrave on it, HOLY TO Dia- 
JEHOVAH. 37 Thou shalt attach to it a violet cord to secure it to the tur- n^tre^ 
ban; at the front of the turban shall it be. 38 It shall be upon Aaron's fore- 
head, and Aaron shall be responsible for the holy things, which the Israelites 
consecrate, for all their holy gifts; it shall be always upon his forehead, that 
they may be accepted before Jehovah. 39 Thou shalt weave the tunic of fine 
linen in checker work; and thou shalt make a turban of fine linen, and thou 
shalt make a sash of embroidered work. 

29 29 And the holy garments of Aaron shall be for his sons after him, in Rules 
which to be anointed and installed. 30 Seven days shall the son who be- 
cometh high priest in his place put them on, when he cometh into the tent 
of meeting to minister in the holy place. 

their other ends made fast to the settings on the shoulder-pieces. The Heb. of 25 makes the 
settings separate from the shoulder-pieces, thus differing from the earlier description. This 
may be accounted for by supposing that the reference to the onyx stones, with their inscrip- 
tions corresponding to the twelve stones in the breastplate, is a later addition. Otherwise 
the Heb. is fairly consistent and intelligible. 

1 Ex. 28 30 Lit., the lights and the perfections. For the earlier oracular use of these, cf. 
I Sam. 14 41 - 42 (Gk.), Vol. II, § 7. Originally they appear to have been two stones used in 
casting the sacred lot to determine the divine will. Possibly they were still employed by the high 
priest in the same way; or they may have been simply worn by him when rendering sacred 
decisions, as symbols of his divine authority. 

m Ex. 28 32 Or, there shall be an opening for the head. 

n Ex. 28 32 Lit., like the opening of a coat of mail. 

° Ex. 28 33 These bells are probably a survival from a more primitive period when they 
were deemed necessary to keep away the evil spirits. 



205 



Lev.21 1() ] the high priest 

§ 170. Ceremonial Cleanliness, Lev. 21"-™ 10 8 » 

Holiness Code 

Limi- Lev. 21 10 Thc priest who is chief among his brethren, on whose head 
tationa ^ ano j n tj n ,r fl ] UIS been poured, and who has been installed, so as to put 
on the garments, p shall not unbind his head** or rend his clothes, n nor shall 
he go in to any dead body, or defile himself for his father or for his mother; 
1 -'neither shall he go out of the sanctuary nor profane the sanctuary of his 
God; for the consecration imparted by the anointing oil of his God is upon 
him : I am Jehovah. 
Mar- 13 He shall take a virgin as his wife. 14 A widow, a divorced woman, or a 

nage dishonored woman, or a harlot, such he shall not take; but a virgin of his 
own father's kin shall he take as his wife, 15 that he may not make his de- 
scendants dishonored among his father's kin : I am Jehovah who sanctifieth 
him. 

Priestly Codes 

No in- Lev. 10 8 Jehovah gave this command to Aaron, 9 Drink no wine or 
cants strong drink, either thou or thy sons, when ye go into the tent of meeting, 
lest ye die; this shall be a statute forever throughout your generations. 

§171. Duties, Lev. 16 32 - 3 *' [13l] , Ex. 28 2 <>. ™, 30 10 , Lev. 6 19 - 22 , Ex. 30 7 8 

Priestly Codes 

On the Lev. 16 32 The high priest, who shall be anointed and installed as priest 
atone- m ms father's place, shall make the atonement, and shall put on the holy 

ment 

§ 170 Because of his superlatively sacred office and functions, especial sanctity was re- 
quired of the high priest: he must always marry only a virgin and was absolutely debarred from 
coming into contact with a corpse, even though it be of his nearest kinsmen. This regulation 
appears to have applied also to the pre-exilic chief priests, as its presence in the Holiness Code 
suggests. 

p Lev. 21 10 This is perhaps a later gloss. 
i Lev. 21 10 /. e., remove his turban. 

§ 171 The duties of the high priest as prescribed by the O.T. law, consisted simply in 
making the annual offering within the temple on the great day of atonement; for the details of 
this law cf. § 221. He was also under obligation to care for the lamps in the temple, to provide 
for the daily morning and evening sacrifice, cf. § 208, and to furnish the special daily offering 
for himself and the priests. Josephus states that the high priest officiated in person only on 
the feasts and sabbaths, Ant. Ill, 2 57 . From Nu. 27 21 it may also be inferred that, as in the 
pre-exilic times, he had charge of the sacred oracle. As a matter of fact the high priest was 
responsible for the organization and direction of the entire ritual and temple corps. 

Ben Sira has preserved a vivid and highly colored picture of a certain high priest, Simon 
of the Greek period, 50 5 - 6 - n * 21 . The occasion was probably the service on the day of atone- 
ment. 

h How glorious was he when he looked forth from the temple, 
At his coming forth out of the sanctuary! 
& As the morning star in the midst of a cloud. 
As the full moon on the day of the passover feast! 
n When he put on the robe of glory, 
And clothed himself with the splendid garments 
And ascended to the holy altar. 
He made glorious the precincts of the sanctuary. 
l2 And when he received the portions from the priests' hands, 
Himself also standing by the altar-hearth. 
His brethren as a garland round about him. 
He was as a young cedar on Mount Lebanon, 

206 



DUTIES [Lev. 1632 

Priestly Codes 

linen garments; 33 and he shall make atonement for the holy sanctuary; and 
he shall make atonement for the tent of meeting, and for the altar; and he 
shall make atonement for the priests, and for all the people of the assembly. 
34a And this shall be an everlasting statute for you, that atonement be made 
for the Israelites because of all their sins once every year. 

Ex. 28 29 Aaron shall bear the names of the Israelites in the breastplate 
of judgment upon his heart, when he goeth in to the holy place, as a mem- 
orial before Jehovah continually. 30 Thou shalt put inside the breastplate 
of judgment the Urim and the Thummim; that they may be upon Aaron's 
heart, when he goeth in before Jehovah; thus Aaron shall bear the judicial 
decisions of the Israelites upon his heart before Jehovah continually. 

Supplemental Priestly Codes 

Ex. 30 10 Aaron shall make atonement on the horns of the altar of in- 
cense once a year; with the blood of the sin-offering for atonement; once a 
year shall he make atonement upon it throughout your generations; it is 
most holy to Jehovah. 

Lev. 6 19 Jehovah spoke thus to Moses/ 20 This is the offering of Aaron Daily 
and of his sons, which they shall offer to Jehovah on the day when he is ° ag e a r ~ 
anointed: 8 a tenth of an ephah of fine meal as a cereal-offering regularly, 
half of it in the morning, and half of it in the evening. 21 On a flat plate it 
shall be prepared with oil; when it is soaked, he shall 1 bring it in. He 
shall break in pieces" the cereal-offering and shall offer it as an odor 
pleasing to Jehovah. 22 The anointed priest from among Aaron's descend - 

And as stems of palm trees they encompassed him about, 
U AU the sons of Aaron in their glory, 

With Jehovah' s burnt-offering in their hands, 

In the presence of all the congregation of Israel, 
u Until he had finished the service at the altar, 

And the offering to the Most High, the Almighty. 
15 He stretched out his hand to the cup, 

And poured out the blood of the grape; 

He poured it out at the foot of the altar, 

A sweet-smelling savor to the Most High, the King of all. 
16 Then shouted the sons of Aaron, 

They blew on the trumpets of beaten work, 

They blew and sent forth a mighty blast, 

As a remembrance before the Most High. 
17 Then all the people together hasted, 

They fell down with their faces to the ground, 

To worship their Lord, the Almighty, God Most High. 
ls The singers also praised him with their voices; 

In the whole house was there made sweet melody. 
19 And the people besought the Lord Most High, 

In prayer before him who is merciful, 

Until the service at the altar was ended; 

And his due had been rendered to him. 
20 Then the high priest went down and lifted up his hands, 

Over the whole congregation of the Israelites 

To give blessing to the Lord with his lips, 

And to glory in his name. 
21 And he bowed himself down the second time. 

To pronounce the blessing from the Most High. 
* Lev. 6 19 Heb. 6 12 . 

8 Lev. 6 20 This clause is inconsistent with the last half of the vs. and is evidently a gloss. 
*Lev. 6 21 Heb., thou shalt, a scribal error due to the misreading of the previous verb. 
u Lev. 6 21 Syr., thou shalt break it in pieces. The Heb. is corrupt, and the rendering 
given is not certain 

207 



Lev. G 22 ] THE HIGH PRIEST 

Supplemental Priestly Codes 

ants, who shall minister in his place, shall offer it; all of it shall be burnt 
as an everlasting due to Jehovah. 

Incense Ex. 30 "On the altar of incense Aaron shall burn incense of sweet spices; 

j^mps each morning, when he taketh care of the lamps, he shall burn it. 8 When 
Aaron setteth the lamps in place towards evening, he shall burn it as a per- 
petual incense before Jehovah throughout your generations. 



Regulations Regarding Ceremonial Cleanliness 

I 
FOOD 

§ 172. Clean and Unclean Animals, Birds and Insects, Dt. 14 320 , 

Lev. 20 25 - 26 ll 1 " 23 - 26 ' 27 > 29 < 30 - * 1 -**" k , <*b-47 

Deuteronomic Codes 

Ani- Dt. 14 3 Thou shalt not eat any abominable thing. 4 These are the beasts 

™f|f which ye may eat : the ox, the sheep, the goat, 5 the hart, the gazelle, the 
able roebuck, the wild goat, the addax, a the antelope, and the mountain sheep. 
food G And every beast that parteth the hoof and cleaveth the cleft of the two 
hoofs and cheweth the cud b among the beasts, that ye may eat. 7 Never- 

Regulations Regarding Ceremonial Cleanliness. — An exalted conception of the holi- 
ness and perfection of the Deity underlies all the ceremonial laws. A holy and perfect God 
must be worshipped by a holy and perfect people. A prophet like Isaiah defined holiness and 
perfection in moral terms, cf. Is. 6; but Israel's priests, in common with those of Babylonia, 
where much the same ceremonial laws obtained, sought to give objective and concrete ex- 
pression to the principle of purity and perfection. As has been already noted, the Bab, exile 
gave a great impetus to this tendency, which, however, is traceable to the very beginnings of 
human history. The same general distinctions between clean and unclean food, the same 
general conceptions of defilement through contact with things ceremonially unclean, and the 
same emphasis upon the special purity of the priesthood were shared in common by the early 
.Semitic peoples. Natural aversion at once explains why many things, as for example men 
afflicted with loathsome leprosy, were classified as unclean. AU that suggested death or cor- 
ruption had no place in the presence of the Holy One. Possibly an intuitive sense also led the 
Israelites to place certain diseases and unsanitary practices under the ban. In some cases 
primitive totemistic ideas doubtless underlie even the later laws. 

§ 172 The belief in the sanctity of the blood, which was regarded as the life of the animal, 
evidently explains why many of these animals were classified as unclean. Since blood was 
sacred to the Deity, no Israelite was allowed to eat it. Hence all animals mangled or dying a 
natural death, and therefore retaining their blood in their veins were unfit for food. The 
same was true of all beasts and birds of prey. Scavengers were classified as unclean for the 
same reason and because of their loathsome habits. These were excluded by the law concerning 
non-ruminating animals. The basis of the prohibition against ruminating animals which do 
not part the cleft hoof is not so clear. The camel may have been thus excluded either because 
of its great value, or more probably, because it was regarded as sacred among the early Arabs. 
The hare and the rock-badger may have been prohibited because their flesh or habits were re- 
pulsive to the Hebrews. The principle of natural aversion is evidently operative in the case 
of fish and insects, explaining why the eel and all swarming things are placed under the ban. 
The exception in the case of locusts is clearly a concession to prevailing usage. Evidently 
both the list in Dt. 14 and its close parallel in Lev. 11 are based on still earlier usage and may 
well be derived from an earlier written source. Possibly the passage in I^ev. 11 originally 
belonged to the Holiness Code. It has been supplemented in the latter part of the chapter 
26-44a f or these vss. are in part duplicates of 1_23 . 

• Dt. 14 5 Ck., pygarg, followed by the English versions. 

b Dt. 14° Lit., brinyeth up the cud' 

208 



CLEAN AND UNCLEAN ANIMALS [Dt. 14 7 

Devteronomic Codes 

theless these ye shall not eat of those that chew the cud or of those that part 
the cleft hoof : the camel, the hare, and the rock-badger, because they chew 
the cud but do not part the hoof; they are unclean to you. 8 And the swine, 
because he parteth the hoof but cheweth not the cud, he is unclean to you. 
Of their flesh ye shall not eat, and their carcasses ye shall not touch. 

9 These ye may eat of all that are in the waters : whatever hath fins and Fish 
scales may ye eat; 10 and whatever hath not fins and scales ye shall not eat; 
it is unclean to you. 

n Of all clean birds ye may eat. 12 But these are they of which ye shall Birds 
not eat : the griffon-vulture, the bearded-eagle, the ospray, 13 the falcon, d 
and the kite after its kind, 14 and every raven after its kind, 15 and the ostrich, 
the night-hawk, the sea-mew, and the hawk after its kind, 16 the little owl, the 
great owl, the horned owl, e 17 the pelican, the carrion-vulture, the cormorant, 
18 the stork, and the heron after its kind, and the hoopoe and the bat. 

19 And all winged swarming creatures are unclean to you; they shall not be Insects 
eaten. 20 Of all clean winged creatures ye may eat. 

Holiness Code 

Lev. 20 25 Ye shall make a distinction between the clean beast and the General 
unclean, and between the unclean fowl and the clean; and ye shall not make r es 
yourselves abominable with beast, or by bird, or by anything with which 
the ground teemeth, which I have distinguished for you as unclean. 26 But 
ye shall be holy to me; for I, Jehovah, am holy, and have distinguished you 
from the peoples, that ye should be mine. 

Priestly Codes 

Lev. 11 a Jehovah gave this command to Moses and Aaron: 2 Say to the Ani- 
Israelites, ' These are the living things which ye may eat among all the beasts s 
that are on the earth: 3 whatever parteth the hoof, and cleaveth the cleft 
of the hoofs, that cheweth the cud among the beasts, that ye may eat. 4 Nev- 
ertheless these shall ye not eat of those that chew the cud, or of those that 
part the hoof : the camel, because he cheweth the cud but parteth not the 
hoof, he is unclean to you; 5 and the rock-badger, because he cheweth the 
cud but parteth not the hoof, he is unclean to you; 6 and the hare, because 
she cheweth the cud but parteth not the hoof, she is unclean to you; 7 and 
the swine, because he parteth the hoof, and cleaveth the cleft of the hoof, 
but cheweth not the cud, he is unclean to you. 8 Of their flesh ye shall not 
eat, and their carcasses ye shall not touch; they are unclean to you. 

9 These ye may eat of all that are in the waters : whatever in the waters, Fish 
in the seas, and in the rivers, hath fins and scales, ye may eat. 10 But all 



c Dt. 14 12 The Heb. word poetically translated, eagle, clearly refers to the griffon-vulture 
Mi\ l 16 , Job 39 30 , Mt. 24 28 ), which is exceedingly common in Palestine. 

by tl 

209 



(cf. Mi. lie, j b 3930, Mt. 24 28 ), which is exceedingly 

d Dt. 14 13 So Gk. and Sam., supported by the close parallel in Lev. 11. A scribal cor- 
ruption has crept into the Heb. 

e Dt. 14 10 Gk., water hen, or ibis. 



insects 



Lev. II 10 ] FOOD 

Priestly Codes 

that have not fins and scales, in the seas, and in the rivers, of all 
that move in the waters, and of all the living creatures that are in the waters, 
they are detestable to you, ll and they shall be detestable f to you; ye shall not 
eat of their flesh, and their carcasses ye shall detest. 12 Whatever in the 
waters hath no fins nor scales is detestable to you. 

Birds 13 And these ye shall detest among the birds; they shall not be eaten, they 
are : the griffon-vulture, and the bearded-vulture, the ospray, 14 the kite, and 
the falcon after its kind, 15 every raven after its kind, 16 and the ostrich, the 
night-hawk, the sea-mew, and the hawk after its kind, 17 and the little owl, 
the cormorant, the great owl, 18 the horned owl, the pelican, the carrion vul- 
ture, 19 the stork, the heron after its kind, the hoopoe and the bat. 

Small 20 A11 winged swarming things that go upon all fours are detestable to you. 

mals 21 Yet these may ye eat of all winged swarming things that go upon all fours, 

and which have legs above their feet, with which to leap upon the earth; 22 even 
these of them ye may eat : the locust after its kind, and the bald locust after 
its kind, and the cricket after its kind, and the grasshopper after its kind. 
23 But all winged swarming things, which have four feet, are an abomination 
to you. 

44b Neither shall ye defile yourselves with any kind of swarming thing 
that moveth upon the earth. 45 For I am Jehovah that brought you out of 
the land of Egypt, to be your God : ye shall therefore be holy, for I am holy. 

Resume 46 This is the law of the beast, and of the bird, and of every living creature 
that moveth in the waters, and of every creature that swarmeth upon the 
earth, 47 to make a distinction between the unclean and the clean, and be- 
tween the living thing that may be eaten and the living thing that may not 
be eaten.' 

Supplemental Priestly Codes 

Ani- Lev. 11 26 'Every beast which parteth the hoof, but cleaveth not the cleft of 

the foot, nor cheweth the cud, is unclean to you; every one who toucheth 

them shall be unclean. 27 And whatever goeth upon its paws, of all beasts 

that go on all fours, is unclean to you ; whoever toucheth their carcass shall be 

unclean until evening; they are unclean to you. 

Small 29 And these are they which are unclean to you among the swarming crea- 

nilus tures that swarm upon the earth : the weasel, the mouse, the great lizard 

? nd after its kind, 30 and the gecko, the land-crocodile, and the chameleon. 41 And 

lI136Cts 

every swarming creature that swarmeth upon the earth is detestable; it shall 
not be eaten. 42 Whatever goeth on the belly, and whatever goeth on all 
fours, or whatever hath many feet, even all swarming creatures that swarm 
upon the earth, ye shall not eat, for they are detestable. 43 Ye shall not 
make yourselves detestable with any swarming creatures that swarmeth, 
neither shall ye make yourselves unclean with them, that ye should be de- 
filed thereby. 44a For I am Jehovah your God : sanctify yourselves therefore, 
and be ye holy; for I am holy/ 

1 Lev. 11" Lit., a detestation. 



mals 



BLOOD AND FAT [Dt. 12 23 



§ 173. Blood and Fat, Dt. 12 2 3" 2S [ 16 , 15 23 ], Lev. 19 26 »,17 10 " 14 , 3 17 , 7 23b25 w, Gen. 9* 

Deuteronomic Code 

Dt. 12 23 Firmly resist the temptation 8 to eat the blood; for the blood is Reason 
the life, and thou shalt not eat the life with the flesh. 24 Thou shalt not eat eating 
it; thou shalt pour it out on the earth as water. h 25 Thou shalt not eat it, blood 
that it may go well with thee and with thy children after thee, in case thou 
doest that which is right in the sight of Jehovah. 

Holiness Code 

Lev. 19 26a Ye shall not eat anything with the blood. 

1 7 10 If any man of the house of Israel or of the aliens residing among Prohi- 
them, eateth of any blood, I will set my face against him and will cut him um ve r - 
off from among his people. n For the life of the flesh is in the blood; and I sal 
have given it to you upon the altar to make atonement for your souls ; for it 
is the blood that maketh atonement by means of the life 1 in it. 12 Therefore 
I have said to the Israelites, None of you shall eat blood, neither shall any 
alien residing among you eat blood. 

13 And if any one of the Israelites, or of the aliens residing among them, Blood 
taketh in hunting any beast or bird that may be eaten; he shall pour out its poured 
blood and cover it with dust. 14 For the life of all flesh is contained in the out 
blood; therefore I have said to the Israelites, Ye shall not eat of the blood 
of flesh; for the life of all flesh is its blood; whoever eateth of it shall be cut off. 

Priestly Codes 

Lev. 3 17 It shall be a perpetual statute throughout your generations in No fat 
all your dwellings, that ye shall eat neither fat nor blood. blood 

7 23b Ye shall eat no fat, neither of ox, or sheep, or goat. 24 And the fat ^ be 

§ 173 The belief that the blood represented the individual sentient life of man or animal 
or bird was widely held in antiquity, cf. Frazer, Golden Bough, I, 178, 179. It originated with 
the observation that when the blood of a living being was poured out life ceased and only the 
cold clay remained. It was this belief that led many primitive people to drink the blood of 
the slain animal that they might thereby themselves receive the life and strength of the victim. 

The Hebrews, however, believed that the life, of which the blood was the symbol, came 
from Jehovah and therefore was sacred to him. The fat, because of its resemblance to the 
blood, was likewise regarded as sacred. Hence the blood was poured out upon the ground or 
upon the altar which in ancient times was believed to contain the spirit of the Deity, that the 
life which it contained might return to the God who gave it. The fat was also usually con- 
sumed with fire on the altar. 

The Heb. belief in the sanctity of the blood was evidently very old, as the passage in 
I Sam. 14 32 " 35 indicates: the sin of the hungry warriors in eating the slain animals together with 
the blood is corrected by rearing an altar on which the blood could be first presented to Jehovah. 
Until the Deuteronomic code was promulgated, apparently every animal killed for food was 
slaughtered at some local sanctuary, that the blood might be poured out to Jehovah beside an 
altar. In centralizing all worship in Jerusalem, the Deuteronomic lawgivers were obliged to 
provide for the slaughter of animals simply for food. In this case the sacrificial element dis- 
appears. Cf. further Sacrificial Offerings under § 195. These laws throw much light upon 
the psychological ideas of the early Hebrews. 

e Dt. 12 23 Lit., be firm not to eat. 

h Dt. 12 24 Dt. 12 16 is practically a repetition of this vs. 

• Lev. 17 11 Lit., soul, i. e., the individual sentient life of each man and animal. 

211 



Lev. 7 24 ] FOOD 

Priestly Codes 

of that which dieth a natural death, and the fat of that which is torn by 
beasts may be put to any other use, but ye shall in no case eat of it. 

-"'For whoever eatetb the fat of am animal, of which men offer an offering 
made by fire to Jehovah, shall be cut oil' from his people. 

Gen. 9 4 Flesh in which is the life, that is, its blood, shall ye not eat. 



§ 174. Flesh of Animals Torn by Beasts or Dying a Natural Death, 
Ex. 22 31 , Dt. 14 21a , Lev. 22 8 , 7", 17 1 *- 16 

Primitive Codes 

No Ex. 22 31 Holy men shall ye be to me; therefore ye shall not eat any flesh 

JoS* that is torn by beasts in the field; ye shall cast it to the dogs. 

Deuteronomic Codes 

Or of Dt. 14 21a Ye shall not eat of anything that dieth a natural death, 

animals 

natural Holiness Code 
death 

Lev. 22 8 That which dieth a natural death, or is torn by beasts, a priest 
shall not eat so as to be made unclean by it : I am Jehovah. 

Priestly Codes 

Nor Lev. 7 24 The fat of that which dieth of itself, and the fat of that which 

'* is torn of beasts, may be put to any other use, but ye shall in no case eat of it. 
Method 17 15 Every person who eateth that which dieth a natural death, or that 
fication which is torn by beasts, whether he be a native-born or a resident alien, shall 
wash his clothes and bathe himself in water and be unclean until evening. 
1G If he doth not wash his clothes and bathe his body, he shall bear the con- 
sequences of his iniquity. 



§ 175. Meat Ceremonially Unclean, Lev. 7 19r 
Priestly Codes 

Pol- Lev. 7 19a Flesh that toucheth any unclean thing shall not be eaten; it 

melt sha11 be burnt with nre - 

§ 174 Defilement by contact with unclean animals and the dancer of eating the blood 
with t ho flesh appear to be the two ideas underlying these laws. Although the plural, ye, 
instead of the ordinary, thou, possibly indicates that the regulation in Ex. 22 :u is from a later 
editor, the law itself seems to be one of the oldest ceremonial commands in the O.T. 

§ 175 The belief that ceremonial uncleanness could be communicated by contact is ac- 
cepted as a basal principle in the priestly laws, of. also Hag. 2 13 . 



212 



LEAVENED BREAD [Ex. 34 25a 

§ 176. Leavened Bread, Ex. 34 25 » [23 18 ], 12«-» 

Primitive Codes 

Ex. 34 25a Thou shalt not offer the blood of my passover sacrifice with No 

leavened bread. aTthe 

pass- 
Supplemental Priestly Codes over 

Ex. 12 18 On the fourteenth day of the first month in the evening, ye 
shall eat unleavened bread, until the evening of the twenty -first day of the 
month. 19 Seven days shall no leaven be found in your houses; for whoever 
eateth that which is leavened shall be cut off from the congregation of Israel, 
whether he be a resident alien, or a native-born. 20 Ye shall eat nothing 
leavened; in all your dwellings ye shall eat unleavened bread. 

§ 177. Fruit of Young Trees, Lev. 19 23M 

Holiness Code 

Lev. 19 23 When ye shall come into the land, and shall have planted any First- 
kind of trees for food, ye shall treat its fruit as uncircumcised ; three years it sacred 
shall be held by you to be uncircumcised; it shall not be eaten. 24 But in the f° Je ~ 
fourth year all its fruit shall be holy, a praise offering to Jehovah. 25 And 
in the fifth year ye may eat of its fruit, that it may yield to you its increase : 
I am Jehovah your God. 

§ 178. Rules Regarding the Eating of Meat, Ex. 34 36b , Dt. 12 i 15 *. 2 °-", 
Lev. 17 3 - 9 , 19 5 - 8 , 22 10 - 16 , 7 15 - 18 
Primitive Codes 

Ex. 34 26b Thou shalt not seethe a kid in its mother's milk. Boiling 

___^_ a kid 

§ 176 The use of unleavened bread was limited to the passover feast or originally to the 
agricultural spring festival, cf. note § 212. Amos speaks of the use of leavened bread in con- 
nection with the thanksgiving sacrifices at Bethel, 4 5 . Three explanations have been offered to 
explain the use of unleavened bread: (1) that it is a survival of the nomadic usage when leaven 
was rarely employed; (2) because yeast represents fermentation and therefore is a symbol of 
decay; (3) because at the early spring festival the bread was made from the first-ripe grain 
without waiting for the yeast to act. The latter may well have given rise to the custom and 
the second explains its perpetuation and emphasis in later laws. 

§ 177 The first and best products of fruit trees, as well as the first-born of the herd and 
flock and the firstfruits of the field, were consecrated to Jehovah. Since the fruit of the ear- 
liest years was not the best, the law provides that that of the fourth year shall be brought as 
Jehovah's part. That the first to be used might go to the Divine King, all earlier fruits are 
declared ceremonially unfit for food. 

§ 178 From earliest times the slaying of an animal among the Hebrews- was regarded as a 
sacrificial act. The blood and fat at least were given to the Deity. It was easy to enforce this 
law when there were many local sanctuaries and when animals were rarely killed for food except 
at the religious festivals. When the Deuteronomic lawgivers centralized the worship in Jer- 
usalem, they were obliged, as has been noted, to modify the ancient usage. The Holiness 
Code and later priestly codes, however, retain the early sacrificial idea, but provide that all 
animals must be slain at the temple and under the direction of the priests. These variant 
regulations illustrate clearly the revolutionizing character of the Deuteronomic legislation 
and the tenacity of custom and the tendency of the later priestly lawgivers to bow to popular 
usage. The law of Lev. 17 3 " 7 also reveals the harmonizing work of the later priestly editor, 
who aimed to bring the original regulation into harmony with the wilderness point of view, 
cf. In trod., p. 46. 

213 



Dt. 12 20 ] FOOD 

Deutcronoittic Codes 

lYr- Dt. 12 2() \Yhcii Jehovah thy God shall enlarge thy territory, as he hath 

Son to promised thee, and thou shalt say, I will eat flesh, because thy soul desireth 

url^'it *° oat **' ^ lou ma y es * (>at as thou ma yest desire. 21 If the place in which 

home Jehovah thy God shall choose to put his name be too far from thee, thou 

shalt kill of thy herd and of thy flock, which Jehovah hath given thee, as I 

have commanded thee; and thou mayest eat in thine own home, as thou 

mayest desire. —Even as the gazelle and as the hart is eaten, so thou shalt 

eat of it : the unclean and the clean may both eat of it. 

Dis- 23 Only be sure that thou eat not the blood, for the blood is the life, and 

ofthe thou shalt not eat the life with the flesh - 24Th °u *halt not eat it; thou shalt 

blood pour it out upon the earth as water. 25 Thou shalt not eat it; that it may go 

well with thee, and with thy children after thee, when thou shalt do that 

which is right in the sight of Jehovah. 

Sacri- 26 Only thou shalt take thy holy things which thou hast, and thy vows, 

animals and g° to the place which Jehovah shall choose; 27 and thou shalt offer thy 

burnt-offerings, the flesh and the blood, upon the altar of Jehovah thy God; 

and the blood of thy sacrifices shall be poured out upon the altar of Jehovah 

thy God; and thou shalt eat the flesh. 

Holiness Code 

Later Lev. 17 3 If there be any man of the house of Israel who killeth an ox, 

tkmVT or lamb, or goat, either within or without the camp 4 and doth not bring it 

nmf n t~ to the entrance of the tent of meeting, to present it as an offering to Jehovah 

be before the dwelling of Jehovah ; blood-guilt shall be imputed to that man; he 

at tem- hath shed blood, and that man shall be cut off from among his people, 5 in 

order that the Israelites may bring their sacrifices, which they are wont to 

sacrifice in the open field, * to Jehovah, at the entrance of the tent of meeting, 

to the priest, and sacrifice them as sacrifices of peace-offerings to Jehovah. 

6 And the priest shall dash the blood against the altar of Jehovah at the entrance 

of the tent of meeting, and burn the fat as an odor pleasing to Jehovah. 

7 And they shall no more offer their sacrifices to the satyrs, k which they 

faithlessly worship. This shall be an everlasting statute for them throughout their 

generations. 8 If there be any man of the house of Israel, or of the aliens 

who reside among them, who offereth a burnt-offering or sacrifice, 9 and doth 

not bring it to the door of the tent of meeting, to sacrifice it to Jehovah, that 

man shall be cut off from his people. 

Eating 19 5 When ye offer a sacrifice of peace-offerings to Jehovah, ye shall offer 

rifTciaf it so that ye may be accepted. 6 It shall be eaten the same day ye offer it or 

food on the following day; and if any of it remain until the third (lay, it shall be 

burnt with fire. 7 And if it be eaten at all on the third day, it is refuse; it 

shall not be accepted; 8 but every one who eateth it shall be held guilty, 

because he hath profaned Jehovah's holy thing, and that person shall be cut 

off from his people. 

J Lev. 17 ,r ' The Hob. repeats, Hint they may bring. 

k Lev. 17 7 Cf. Is. 13 21 . 34 H , II Chr. 11 15 where they figure as demons living in lonely places. 

21 1- 



THE EATING OF MEAT [Lev. 22 10 

Holiness Code 

22 10 No laymen 1 shall eat of the holy thing;™ a settler residing with the Holy 
priest or a hired servant shall not eat of that which is holy. n But a slave, bSong- 
whom a priest buyeth for money, shall eat of it, and such as are born in his j^g 
house, may eat of his bread. 12 And if a priest's daughter be married to a lay- priests 
man, she shall not eat of the special gifts of the holy things. 13 But if a priest's 
daughter be a widow, or divorced, and have no child, and hath returned to 
her father's house, as in her youth, she may eat of her father's bread; but no 
layman may eat of it. 14 And if a man eat of the holy thing inadvertently, 
he shall add a fifth part to it, and shall give the holy thing to the priest. 
15 The priests also shall not profane the holy things of the Israelites, which 
they offer to Jehovah, 16 so as to cause them to bear the iniquity that bringeth 
guilt, when they eat their holy things : I am Jehovah who sanctifieth them. 

Priestly Codes 

Lev. 7 lo The flesh of any man's peace-offerings, which are presented as Eating 
a thanksgiving, shall be eaten on the day he offereth it; he shall leave none JflfciJf" 
of it until morning. 16 But if the sacrifice which he offereth be a votive food 
offering or a voluntary-offering, it shall be eaten on the day that he offereth 
his sacrifice; and on the following day that which remaineth of it may be 
eaten; 17 but that which yet remaineth of the flesh of the sacrifice on the 
third day must be burnt with fire. 18 If any of the flesh of the sacrifice of his 
peace-offerings be eaten on the third day, n it shall not be accepted, neither 
shall it be credited to him who offereth it; it shall be refuse and the person 
who eateth of it shall be held guilty. 

II 
CAUSES AND PURIFICATION OF CEREMONIAL UNCLEANNESS 

§ 179. Loathsome Diseases, Dt. 24 8 , Lev. 22 4a , 13, 14 33 ". 1-32, um t 152b, 3, 13-15 

[16-18, 25-33^ Nil. 5 1 ' 3 ] 

Deuteronomic Codes 

Dt. 24 8 Take heed in the plague of leprosy, that thou carefully observe Priest- 
and do just as the priests the Levites shall instruct you; as I commanded latiorf 1 " 
them, so shall ye take heed to do. of le P _ 

* rosy 

1 Lev. 22 10 Lit., one not belonging to the priest' s family. 

m Lev. 22 10 /. c, the part of the sacrificial offering which had first been presented to Je- 
hovah and then went to the priest. 

n Lev. 7 18 In a tropical country meat was in danger of becoming putrid on the third day. 
In keeping with their usual method, the later priests guarded against this possibility, not by 
leaving the decision to the individual offerer, but by fixing a definite date. 

Causes and Purification of Ceremonial Uncleanness. — The tendency to increase the 
list of things which would produce ceremonial defilement is already marked in the priestly 
codes, although it reached its culmination in the laws of later Judaism. The roots of this ten- 
dency are traceable in earliest Semitic thought. Many of the strange provisions for ceremonial 
cleansing are also clearly inherited from Israel's Semitic ancestors. 

§ 179 Lepers are classed as unclean because the disease is so repulsive and incurable. It 
was also popularly regarded as a mark of divine judgment, cf. Job, and, hence contact with 
the one thus smitten was doubly defiling. 

Two kinds of real leprosy are still found in Palestine, (1) the ancesthetic elephantiasis 

215 



Lev. 22 4a ] CEREMONIAL UNCLEANNESS 

Holiness ('ode 

Priest Lev. 22 **No one of the descendants of Aaron who is a leper, or hath 
quaii- a discharge may eat of the holy things until he become clean. 

tied 

Priestly Codes 

laves- Lev. 1 .'$ 'Jehovah gave this command to Moses and Aaron, 2 When a 

tlonof man shall have in his skin a rising, or an eruption or a bright spot, and it 

b Pr t°h y become in his skin the mark 8 of leprosy, then he shall be brought to Aaron 

priest the priest, or to one of his sons the priests, 3 and the priest shall look at the 

plague in his skin; and if the hair in the plague be turned white, and the 

plague be seen to be deeper than his skin, it is the plague of leprosy; and the 

priest shall look at him, and pronounce him unclean. 4 But if the bright spot 

in his skin be white and be seen to be no deeper than the skin, and the hair 

be not turned white, then the priest shall confine him wtio hath the plague 

seven days; 5 and the priest shall look at him the seventh day, and if in his 

eyes the plague be stayed and hath not spread in the skin, then the priest shall 

confine him seven days more; 6 and the priest shall look at him again the 

seventh day; and if the plague be dim, and hath not spread in the skin, the 

priest shall pronounce him clean, it is an eruption; and he shall wash his 

clothes, and be clean. 7 But if the eruption spread in the skin, after he hath 

showed himself to the priest for his cleansing, he shall show himself to the. 

priest again, 8 and the priest shall look; and if the eruption hath spread in the 

skin, the priest shall pronounce him unclean, it is leprosy. 

Real 9 When the plague of leprosy is in a man, then he shall be brought to the 

white priest; 10 and the priest shall look; and, if there be a white rising in the skin, 

leprosy anc j ft have turned the hair white, and there be a raw, open sore in the rising, 

n it is an old leprosy in his skin and the priest shall pronounce him unclean; 

he shall not confine him, for he is unclean. ]2 And if the leprosy break out in 

the skin, and the leprosy cover all the skin of him who hath the plague, from 

his head even to his feet, as far as the priest can see; 13 then the priest shall look; 

and if the leprosy have covered all his flesh, he shall pronounce him clean 

who hath the plague; it is all turned white ; b he is clean. 14 But whenever raw 

flesh appeareth on him, he shall be unclean. 15 And the priest shall look on 

the raw flesh, and pronounce him unclean; the raw flesh is unclean; it is 

which first attacks the extremities with the result that the fineers and toes fall off at the joints. 
The limbs also gradually lose all sense of feeling as the disease gradually advances. Under 
proper care the malady may be kept partially in control and its victims have been known to live 
to an advanced age. More repulsive and malignant and common is the second type of leprosy, 
the tubercular elephantiasis, which first takes the form of red patches that later develop tubercles 
which in time ulcerate and eat far down into the flesh. The face and limbs swell, the eyes and 
tongue become affected and, at the end of about ten years, vital organs are attacked by the 
disease and death ensues. This is the form of leprosy referred to in Job 2 7 - 8 , 7 5 - 1S , 16 16 and 
is one of the most horrible and incurable of maladies. With these types of true leprosy the He- 
brews associated certain skin diseases, as for example, white leprosy, which took the form of 
white scales that often extended over most of the body and then gradually peeled off and dis- 
appeared, when the disease had run its course. Certain kinds of mould or fungus growth in 
garments and houses were also, because of the points of similarity, classified with human 
leprosy. 

a Lev. 13 2 Lit., the mark left by a stroke. RV., plague. It is the mark left by some 
malign disease like leprosy. 

b Lev. 13 13 Evidently the disease is the white leprosy, which in time left the patient well 
and sound. 

216 



LOATHSOME DISEASES [Lev. IS 1 * 

Priestly Codes' 

leprosy. 16 Or if the raw flesh change again, and turn white, then he shall 
come to the priest, 17 and the priest shall look on him; and if the plague be 
turned white, then the priest shall pronounce him clean who hath the plague; 
he is clean. 

18 And when there is a boil in the skin of the body and it is healed, 19 and Real 
in the place of the boil there is a white rising, or a bright, reddish-white spot, e r P a° sy 
then it shall be shown to the priest, 20 and the priest shall look; and if the boi l 
spot be seen to be lower than the skin, and the hair be turned white, then 
the priest shall pronounce him unclean; it is the plague of leprosy, it hath 
broken out in the boil. 21 But if the priest look at it, and there be no white 
hairs in it and it be no lower than the skin, but be dim, then the priest shall 
confine him seven days; 22 and if it be then spread in the skin, the priest shall 
pronounce him unclean; it is a plague. 23 But if the bright spot stay in its 
place, and be not spread, it is the scar of the boil; and the priest shall pro- 
nounce him clean. 

24 Or when the flesh hath in the skin a burn caused by fire, and the sore of White 
the burn become a bright spot, reddish-white or white, 25 then the priest shall spofcs 
look at it; and if the hair in the bright spot be turned white, and it appear 
to be deeper than the skin, it is leprosy that hath broken out in the burn, 
and the priest shall pronounce him unclean; it is the mark of leprosy. 2( ?But 
if the priest look at it, and there be no white hair in the bright spot, and it 
be no lower than the skin, but be dim, then the priest shall confine him seven 
days, 27 and the priest shall look at him the seventh day; if it be then spread 
in the skin, the priest shall pronounce him unclean; it is the mark of leprosy. 
28 But if the bright spot stay in its place, and be not spread in the skin, but be 
dim, it is the rising of the burn, and the priest shall pronounce him clean, 
for it is the scar of the burn. 

29 And when a man or woman hath a mark on the head or on the beard, Spots 
30 the priest shall look at the mark; and if it appear to be deeper than the head or 
skin, and there be in it thin yellow hair, the priest shall pronounce him un- face 
clean; it is a scall, c it is leprosy of the head or beard. 31 And if the priest 
look on the mark of the scall, and it appear to be no deeper than the skin, 
and there be no black hair in it, the priest shall confine him who hath the mark 
of the scall seven days; 32 and on the seventh day the priest shall look at the 
mark, and if the scall be not spread, and there be no yellow hair in it, and 
the scall appear to be no deeper than the skin, 33 he shall shave himself, but 
the scall shall he not shave; and the priest shall confine him who hath the 
scall seven days more; 34 and on the seventh day the priest shall look at the 
scall, and if the scall be not spread in the skin, and appear to be no deeper 
than the skin, the priest shall pronounce him clean; and he shall wash his 
clothes, and be clean. 3o But if the scall spread in the skin after his cleansing, 
36 the priest shall look at him, and if the scall be spread in the skin, the priest 
need not look for the yellow hair; he is unclean. 37 But if in his eyes the 



Lev. 13 30 Probably a dry scale. 

217 



Lev. IS 3 '] CEREMONIAL UNCLEANNESS 

Priestly Codes 

seal] be staved, and black hair be grown up in it, the seal] is healed; he is clean, 
and the priest shall pronounce him clean. 
A 38 And when a man or a woman hath in the skin bright spots, bright white 

spots, 39 the priest shall look; and if the bright spots in the skin be of a dull 
white, it is a tetter, it hath broken out in the skin; he is clean. 
Mark 40 And if a man lose his hair from his head, he is bald; yet he is clean. 

bald 41 And if his hair be fallen oil' from the front part of his head, he is forehead- 
«> ot bald: yd he is clean. 42 But if there be on the bald head, or the bald fore- 
head, a reddish-white mark, it is leprosy breaking out on his bald head, or 
his bald forehead. 43 Then the priest shall look upon him, and if the rising 
caused by the mark be reddish-white on his bald head, or on his bald fore- 
head, like the appearance of leprosy in the skin, 44 he is a leprous man, he is 
unclean; the priest shall pronounce him unclean; his plague is on his head. 
Son? of 45 ^nd when a leper hath the mark of leprosy upon him, his clothes shall be 
lepers rent, and the hair of his head shall go loose, and he shall cover his upper lip, 
and cry, Unclean ! unclean ! d 46 A11 the days during which the mark is upon 
him he shall be unclean; and since he is unclean, he shall dwell alone; his 
dwelling shall be outside the camp. 
Le P - 47 When the mark of leprosy is in a garment, whether it be a w T oolen garment, 

spread- or a linen garment; 48 whether it be in the warp, or in the woof, of linen or of 
ga?- m a w ° o1 ' eitner m a skm > or in anything made of skin; 49 if the mark be greenish 
ment or reddish in the garment, or in the skin, or in the warp, or in the woof, or in 
anything of skin, it is the mark of leprosy, and shall be shown to the priest. 
50 And the priest shall look upon the mark and shut up that which hath the 
mark seven days : 51 and he shall look on the mark on the seventh day; if 
the mark be spread in the garment, either in the warp, or in the woof, or in 
the skin, whatever be the purpose for which skin is used, the mark is that 
of malignant leprosy; it is unclean. 52 And he shall burn the garment, or 
the warp or the woof, whether it be of wool or of linen, or anything of skin, 
in which the mark is; for it is a malignant leprosy; it shall be burnt in the 
fire, 
manent 53 ^ nc * ^ tne P ri est shall look, and the mark be not spread in the garment, 
marks either in the warp, or in the woof, or in anything of skin, 54 the priest shall 
command that they wash the thing in which the plague is, and he shall 
shut it up seven days more : 55 and the priest shall look, after the mark is 
washed; and if the mark have not changed its color, and the mark be not 
spread, it is unclean; thou shalt burn it in the fire; it is malignant, whether 
the bareness be within or without. 
D e iS n P n 5 ° But if tne P^est look, and the mark be dim after it hath been washed, 
marks he shall tear it out of the garment, or out of the skin, or out of the warp, or 
out of the woof; 57 and if it still appear in the garment, either in the warp, 
or in the woof, or in anything of skin, it is breaking out; thou shalt burn with 
fire that in which the mark is. 58 But if the mark disappear from the gar- 
ment, either from the warp or the woof, or whatever thing of skin it be, 



d Lev. 13 45 /. e., he shall assume the garb and r61e of a mourner. 
218 



LOATHSOME DISEASES [Lev. 13 58 

Priestly Codes 

when thou hast washed it, it shall be washed a second time, and shall be 
clean. 

59 This is the law of the mark of leprosy in a garment of wool or linen, either 
in the warp, or the woof, or anything of skin, to determine when to pro- 
nounce it clean, or to pronounce it unclean. 

"Jehovah said to Moses and Aaron, 8 34 When ye have come into the land of Lep- 
Canaan, which I give to you as a possession, and I put the mark of leprosy on a house rosy in 
in the land of your possession ; 35 then he who owneth the house shall come and say to a h° use 
the priest: 'There seemeth to me to be a kind of mark in my house.' 36 And the priest 
shall command the house to be emptied before he goeth in to examine the mark, 
so that all that is in the house be not made unclean; and afterward the priest 
shall go in to examine the house ; 37 and he shall look at the mark ; and if the mark 
on the walls of the house be in greenish or reddish patches which appear to be 
deeper than the surface of the wall, 38 the priest shall go out to the door of the 
house, and shut up the house seven days. 39 And the priest shall come again on 
the seventh day and shall look; and if the mark be spread in the walls of the 
house, 40 the priest shall command that they take out the stones in which the 
mark is, and cast them into an unclean place outside the city. •"Then he shall 
cause the house to be scraped throughout inside, and they shall pour out the 
mortar, that they scrape off, outside the city into an unclean place; 42 and they 
shall take other stones, and put them in the place of those stones ; and he shall take 
other mortar, and shall plaster the house. 

43 And if the mark break out again in the house, after he hath taken out the A ma- 
stones, and after he hath scraped the house, and after it is plastered, 44 the priest lignant 
shall come in and look ; and if the mark be spread in the house, it is a malignant type 
leprosy in the house ; it is unclean. 45 And he shall break down the house, its stones, 
and its timber, and all the mortar of the house; and he shall carry them out of the 
city to an unclean place. 46 Moreover he who goeth into the house during the time 
that it is shut up shall be unclean until evening. 47 And he who sleepeth in the 
house shall wash his clothes ; and he who eateth in the house shall wash his clothes. 

48 But if the priest come in, and look, and find that the mark hath not spread Cere- 
in the house, after the house was plastered; he shall pronounce the house clean, monial 
because the mark hath disappeared. 49 And he shall take to cleanse the house pl ean s- 
two birds, with cedar wood and scarlet, and hyssop: 50 and he shall kill one of the leprous 1 
birds in an earthen vessel over running water: 51 and he shall take the cedar wood, house 
and the hyssop, and the scarlet, and the living bird, and dip them in the blood of 
the slain bird, and in the running water, and sprinkle the house seven times; 52 and 
he shall cleanse the house with the blood of the bird, and with the running water, 
and with the living bird, and with the cedar wood, and with the hyssop, and with 
the scarlet; 53 but he shall let the living bird go out of the city into the open field; 
so he shall make atonement for the house, and it shall be clean. 

14 * Jehovah gave this command to Moses : 2 This shall be the law of the Ritual 
leper in the day when he is cleansed; he shall be brought to the priest; 3 and c ?eans- 
the priest shall go out of the camp; and the priest shall look; and if the mark j ng e of a 
of leprosy be healed in the leper, 4 the priest shall command to take for him 
who is to be cleansed two living clean birds, cedar wood, scarlet, and hyssop; 
5 and the priest shall command to kill one of the birds in an earthen vessel over 
running water. 6 He shall then take the living bird, the cedar wood, the 
scarlet, and the hyssop, and shall dip them and the living bird in the blood 
of the bird that was killed over the running water; 7 and the blood he shall 
sprinkle seven times upon him who is to be cleansed from the leprosy, and 
shall pronounce him clean, and shall set free the living bird in the open field. 
8 And he who is to be cleansed shall wash his clothes, and shave off all 

e Lev. 14 33 - 53 The contents, as well as the colophon in 54 - 57 , indicate that this section belongs 
at the close of 13 7 . While it doubtless records a very ancient ritual, its literary style and 
allusions to the rite of atonement, 53 , indicate that it is a late addition. 

219 



Lev. L4«] CEREMONIAL UNCLEANNESS 

Priestly Code* 

his hair, and bathe himself in water; and he shall be clean; and after that he 
shall come into the camp, but shall dwell outside his tent seven days. 
■'And on the seventh day he shall shave oil' all the hair of his head and his 
heard and his eyebrows, even all his hair he shall shave off, and he shall 
wash his clothes, and shall bathe ins flesh in water; then he shall be clean. 
Com- l0 And on the eighth day he shall take two male lambs without blemish, 

of the and one ewe-lamb a year old without blemish, and as a cereal-offering three- 
deana- t( ' ,ltns °f an ephah of fine meal mixed with oil, and one log f of oil. n And 
ing the priest who cleanseth him shall set the man who is to be cleansed and 
these things before Jehovah, at the entrance of the tent of meeting. 12 And 
the priest shall take one of the male lambs, and offer it with the log of oil as 
a guilt-offering, and wave them as a wave-offering before Jehovah; 13 then 
he shall kill the male lamb in the place where they kill the sin-offering and 
the burnt-offering in the place of the sanctuary; for the guilt-offering like the 
sin-offering belongeth to the priest; it is most holy. 14 And the priest shall 
take some of the blood of the guilt-offering, and shall put it on the tip of the 
right ear of him who is to be cleansed, and on the thumb of his right hand, 
and on the great toe of his right foot. 15 And the priest shall take some of the 
log of oil, and pour it into the palm of his own left hand; 16 and the priest 
shall dip his right finger in the oil that is in his left hand, and shall sprinkle 
some of the oil with his finger seven times before Jehovah. 17 And of the rest 
of the oil that is in his hand the priest shall put some on the tip of the right ear 
of him who is to be cleansed, and on the thumb of his right hand, and on 
the great toe of his right foot, and upon the blood of the guilt-offering; 18 and 
the rest of the oil that is in the priest's hand he shall put on the head of him 
who is to be cleansed. Thus the priest shall make atonement for him before 
Jehovah. 19 And the priest shall offer the sin-offering, and make atone- 
ment for him who is to be cleansed because of his uncleanness; and after- 
ward he shall kill the burnt-offering; 20 and the priest shall offer the burnt- 
offering and the cereal-offering upon the altar. Thus the priest shall make 
atonement for him, and he shall be clean. 
Offer- 21 And if he be poor, and his means are not sufficient for this, he shall take one 
rite in m ale lamb as a guilt-offering to be waved, to make atonement for him, and 
case of one - ten th of an ephah of fine meal mixed with oil as a cereal-offering, and a 
a poor log of oil, 22 and two turtle-doves, or two young pigeons, such as his means 
permit; and the one shall be a sin-offering, and the other a burnt-offering. 
2,i And on the eighth day he shall bring them for his cleansing to the priest, at 
the entrance of the tent of meeting, before Jehovah; 24 and the priest shall 
take the lamb of the guilt-offering, and the log of oil, and the priest shall 
wave them as a wave-offering before Jehovah. 25 And he shall kill the lamb 
of the guilt-offering; and the priest shall take some of the blood of the guilt- 
offering, and put it on the tip of the right ear of him who is to be cleansed, 
and on the thumb of his right hand, and on the great toe of his right foot. 
26 And the priest shall pour some of the oil into the palm of his own left hand; 

' Lev. 14 10 According to the Hubbis the log was one-twelfth of a hin. t. e., about five- 
sixths of a pint. 

220 



LOATHSOME DISEASES [Lev. 14 27 

Priestly Codes 

27 and the priest shall sprinkle with his right finger some of the oil that is in his 
left hand seven times before Jehovah ; 2S and the priest shall put some of the 
oil that is in his hand on the tip of the right ear of him who is to be cleansed, 
and on the thumb of his right hand, and on the great toe of his right foot, 
and on the place of the blood of the guilt-offering; 29 and the rest of the oil 
that is in the priest's hand he shall put on the head of him who is to be cleansed, 
to make atonement for him before Jehovah. 30 And he shall offer one of the 
turtle-doves, or of the young pigeons, as his means permit, g 31 the one as a 
sin-offering, and the other as a burnt-offering, with the cereal-offering; and 
the priest shall make atonement for him who is to be cleansed before Je- 
hovah. 32 This is the law of him on whom is the mark of leprosy, whose 
means do not permit him to briny the regular sacrifices for his cleansing. 

54 This is the law for every kind of mark of leprosy, and for a scall, 55 and Colo- 
for the leprosy of a garment and of a house, 56 and for a rising, and for a scab, p on 
and for a bright spot, 57 to show when each is unclean, and when it is clean; 
this is the law of leprosy. 

15 2b When any man hath a discharge from his body, h his discharge is Chronic 
unclean; 3 and his uncleanness shall continue as long as he hath the dis- charges 
charge; whether the discharge continue or be stopped so that no discharge 
appeareth, he is in a state of uncleanness. 

13 And when he who hath a discharge is cleansed of his discharge, he shall Rite of 
count seven days for his cleansing, and wash his clothes; and he shall bathe m g ans ~ 
his body in running water, and become clean. 14 And on the eighth day he 
shall take two turtle-doves, or two young pigeons, and come before Jehovah 
at the entrance of the tent of meeting, and give them to the priest; 15 and the 
priest shall offer them, the one as a sin-offering, and the other as a burnt- 
offering; and the priest shall make atonement for him before Jehovah for 
his discharge. 1 

§ 180. Childbirth, Lev. 12*-* 
Priestly Codes 

Lev. 12 1 Jehovah gave this command to Moses: 2 Speak thus to the Israelites, Period 
'If a woman become pregnant, and bear a male child, she shall be unclean ^oifS" 
seven days; as the days of the uncleanness of her monthly infirmity she shall un ~ 
be unclean. 3 And on the eighth day the flesh of his foreskin shall be circum- ness 
cised. 4 And she shall continue in the blood of her purification thirty -three 
days; she shall touch no holy thing, nor come into the sanctuary, until the 
days of her purification are fulfilled. 5 But if she bear a female child she 

* Lev. 14 30 Through a scribal error the last clause of 30 has been repeated in 31 . 

h Lev. 15 2b Lit., flesh, i. e., euphemism for urethra. 

' Lev. 15 13 - 15 The same directions are repeated in 25 - 30 , for a woman afflicted with an ir- 
regular or prolonged monthly sickness. 

§ 180 This law appears to be one of the later additions to the ceremonial system. Possibly 
it came in through the influence of Persia, where childbirth was regarded as especially defiling. 
The primitive idea at the root of the law is the supreme mystery of childbirth, which pro- 
foundly impressed the minds of the ancients. The ceremonial precautions were in all proba- 
bility originally intended to guard against the influence of the spirits which were supposed to 
be present especially at childbirth, cf. Frazer, Golden Bough, II, 238-42. 

go 1 



cleans- 



Lev. 12 5 ] CEREMONIAL UNCLEANNESS 

Priestly Codes 

shall be unclean two weeks,J as in her monthly uncleanness; and she shall 
continue in the blood of her purification sixty-six days. 
Rite of °And when the days of her purification are fulfilled, for a son or for a 
daughter, she shall bring a yearling lamb as a burnt-offering, and a young 
pigeon or a turtle-dove, as a sin-offering, to the entrance of the tent of meeting, 
to the priest, 7 and he shall offer it before Jehovah, and make atonement for 
her; thus she shall be cleansed from her flow of blood. This is the law for 
her who beareth either a male or a female. 8 And if her means be not sufficient 
for a lamb, she shall take two turtle-doves or two young pigeons; the one as 
a burnt-offering, and the other as a sin-offering; and the priest shall make 
atonement for her, and she shall be cleansed. k 



§ 181. Contact with the Dead, Dt. 21 ! *. 23 - l -«, Lev. 22 3 «>. ••, Nu. 19 1 *-". u * 13 , 31 1 » 

Deideronomic Codes 

Dis- Dt. 21 22 If a man have committed a sin deserving of death, and he be 

ofbody P ut t° death, and thou hang him on a tree, 1 23 his body shall not remain all 
of cam- night upon the tree, but thou shalt surely bury him the same day, for he that 
fender is hanged is accursed of God, that thou defile not thy land which Jehovah 

thy God is about to give thee as an inheritance. 

Rite in 2 If one be found slain in the land which Jehovah thy God is about to give 

unde- f tnee as a possession, lying in the open field, and it be not known who hath 

tected smitten him, 2 then thy elders and thy judges shall come out, and they shall 

measure the distance to the cities round about the one who is slain: 3 and the 

elders of the city which is nearest to the slain man shall take from the herd 

a heifer which hath done no work m nor drawn in the yoke; 4 and the elders 

of that city shall bring down the heifer to a valley with running water, which 

hath been neither plowed nor sown, and shall break the heifer's neck there 

in the valley. 5 And the priests the sons of Levi shall come near; for them 

Jehovah thy God hath chosen to minister to him and to bless in the name 

of Jehovah, and every controversy and every blow shall be according to their 

sentence. 

Holiness Code 

Period Lev. 22 4b If any man touch a thing that hath been made unclean by a dead 
Ale- 6 body, 6a the person who toucheth any such thing shall be unclean until evening. 

ment 

J Lev. 12 5 This was because it was widely held in antiquity that the abnormal puerperal 
conditions lasted longest after the birth of a girl. 

k Lev. 12 8 This vs. appears to be a later addition, since it follows the colophon in 7 . The 
evidence, however, is not decisive. 

§ 181 The belief that a murdered man's blood defiled a land or people, until proper atone- 
ment was made, is an inheritance from earliest times. The rite in Dt. 21 1_5 is doubtless very 
ancient. The priests do not appear to have participated in the ceremony, but are simply 
present to lend their religious sanction. In the priestly codes any contact with a corpse or 
with anything that has touched it means ceremonial defilement. 

1 Dt. 2\ 22 I. e., as a solemn warning to all evil-minded members of the community. 

m Dt. 21 3 Lit., which hath not been wroiu/fil with. 



CONTACT WITH THE DEAD [Nu. 19 u 

Priestly Codes 

Nu. 19 14 This is the law when any man dieth in a tent : Every one who Period 
cometh into the tent and every one who is in the tent shall be unclean seven ^J? of 
days. 15 And every open vessel which hath no covering tied over it is unclean, purifi- 
16 And whoever in the open field toucheth any one who has been slain with after 
a sword, or a dead body, or a bone of a man, or a grave, shall be unclean f£J£ 
seven days. 17 And for the one who is unclean they shall take of the ashes ™ th 
of the burning of the sin-offering; and running 11 water shall be added to it dead 
in a vessel; 18 and a man ceremonially clean shall take hyssop, and dip it in 
the water, and sprinkle it over the tent and over all the vessels, and over the 
persons who were there, and over him who touched the bone, or the slain, or 
the dead, or the grave; 19 and the one who is ceremonially clean shall sprinkle 
it over the one who is unclean both on the third day and on the seventh day; 
and on the seventh day he shall purify him; and he shall wash his clothes, 
and bathe himself in water, and shall be clean in the evening. 

20 But the man who is unclean and doth not purify himself shall be cut Pen- 
off from the midst of the assembly, because he hath defiled the sanctuary JJeg- ° r 
of Jehovah; the water of impurity hath not been sprinkled over him; he is 1 t t c i * ing 
unclean. 21 And it shall be a perpetual statute to them; and he who sprinkleth law 
the water of impurity shall wash his clothes; and he who toucheth the water 
of impurity shall be unclean until evening. 

Supplemental Priestly Codes 

Nu. 19 n He who toucheth the dead, even any human corpse shall be Later 
unclean seven days; 12 he must purify himself therewith on the third day J££ s of 
and on the seventh day, and so become clean; but if he do not purify himself the law 
on the third day, he shall not become clean. 13 Whoever toucheth a dead 
person, the corpse of any man that may have died, and doth not purify him- 
self, defileth the dwelling of Jehovah; and that one shall be cut off from 
Israel, because the water of impurity was not sprinkled over him; he shall 
be unclean; his uncleanness is yet upon him. 

31 19 Encamp outside the camp seven days; whoever hath killed any 
person, and whoever hath touched any slain, purify yourselves on the third 
day, and on the seventh day you and your captives. 

§ 182. The Carcasses of Animals, Lev. 5 2 , 11*. 24-28, 291,-40 

Priestly Codes 

Lev. 5 2 If any one touch any unclean thing, either the carcass of an un- Con- 
clean beast, or the carcass of an unclean domestic animal, or the carcass of ^^ 

an unclean swarming creature, and the fact be hidden from him, and he be unclean 
i 1 11 1 -i animals 

unclean, he shall be guilty. 

1 1 8 Of the flesh of swine ye shall not eat, and their carcasses ye shall not Swine's 
touch; they are unclean to you. 

» Nu. 19 16 /. e., spring water, cf. Gen. 26 19 , Zech. 148, Lev. 14 5 ^ 6 . ™-k. 
° Nu. 19 12 So the Gk. and Syr. 

223 



Lev. II 24 ] CEREMONIAL LNCLEANNESS 

Supplemental Priestly Codes 

Means Lev. 1 1 24 Bv all kinds of unclean boasts and birds and swarming crea- 
period tures ye shall become unclean; whoever toucheth their carcasses shall be 
iution unc ^ ean until evening; 25 and whoever carrieth the carcass of any of them 
shall wash his clothes and be unclean until evening. 26 Every beast which 
parteth the hoof, but cleaveth not the cleft of the foot nor cheweth the cud, 
is unclean to you; every one who toucheth them shall be unclean. 27 And 
whatever goeth upon its paws, of all beasts that go on all fours, is unclean 
to you; whoever toucheth the carcass of any of them shall be unclean until 
evening. 28 And he who carrieth the carcass of any of them shall wash his 
clothes and be unclean until evening; they are unclean to you. 29b The 
weasel, the mouse, the great lizard after its kind, 30 the gecko, the land- 
crocodile, and the chameleon, 31 these are they which are unclean to you 
among all swarming creatures; whoever toucheth them, when they are dead 
shall be unclean until evening. 
Clean?- 32 And everything upon which any of them, when it is dead, doth fall, 
objects shall be unclean; whether it be a wooden vessel, or clothing, or a skin, or a 
ed^b T sa °k' whatever vessel it be, w T ith which any work is done, it must be put into 
swarm- water, and it shall be unclean until the evening; then it shall be clean. 33 And 
erf a . if any of them fall into an earthen vessel, whatever is in it shall be unclean, 
tures an( j t jj e vesse l itself ye shall break. 34 A11 food in it which may be eaten, 
which is prepared with water, shall be unclean ; and any liquid which may 
be drunk out of any such vessel shall be unclean. 35 And everything on which 
the carcass of any of these creatures falleth shall be unclean; whether oven 
or chaffing pot, it shall be broken in pieces; they are unclean and shall be 
unclean to you. 36 Nevertheless a fountain or a cistern in which water is 
collected shall be clean, but that which toucheth their carcass shall be unclean. 
37 And if the carcass of any of these fall upon any seed grain which is to be 
sown, it is clean. 38 But if water be put upon the seed, and the carcass of 
any of these fall upon it, it is unclean to you. 
Car- 39 And if any animal, the flesh of which ye may eat, die, he who toucheth its 

of dean carcass shall be unclean until evening. 40 And he who eateth of the carcass 
animals mus t wash his clothes, and be unclean until evening; he also who carrieth the 
carcass shall wash his clothes and shall be unclean until evening. p 

§ 183. With Persons or Things Ceremonially Unclean, 
Nu. 19 22 , Lev. 53 [15™] 
Priestly Codes 

Conta- Nil. 19 22 Whatever a person ceremonially unclean toucheth shall be 
unclean; and the one who toucheth it shall be unclean until evening. 



gion of 
un- 
clean 

nese 



p Lev. II 39 - i0 These vs.s. probably contain the earlier law which has been expanded in the 
preceding vss. 

§ 183 A natural aversion, which was felt toward that which was revolting to the senses, 
is undoubtedly the basis of these as well as many other ceremonial laws. Lev. 15 develops this 
principle in detail. Persons of either sex afflicted with normal, abnormal or chronic discharges 
were regarded as unclean and capable of imparting ceremonial pollution to eyerything or 
everyone with which they came into direct contact. All imparted ceremonial impurity which re- 
quired thorough washing and bathing, and meant uncleanness, at least until sunset. 



224 



CONTACT WITH THINGS UNCLEAN [Lev. 5 3 

Priestly Codes 

Lev. 5 3 If one touch the uncleanness of man, whatever it be, and the 
fact be hid from him, when he knoweth of it, he shall be guilty. 

§ 184. With Spoils of War, Nu. 31 20 2 « 

Supplemental Priestly Codes 

Nu. 31 20 0/ the spoils of war every garment and all that is made of skin, To be 
and all work of goats' hair, and all things made of wood, ye shall purify. pun e 

21 And Eleazar the priest said to all the warriors who went to the battle, By fire 
This is the statute of the law which Jehovah hath commanded Moses, 22 'Only ^ater 
the gold, the silver, the brass, the iron, the tin, and the lead — 23 everything 
that may be put into the fire — ye shall put through the fire, that it may be 
clean; it shall surely be purified by means of the water of impurity; and all 
that cannot be put into the fire ye shall put through the water. 24 And ye shall 
wash your clothes on the seventh day and shall be clean, and afterwards ye 
shall come into the camp.' 

§ 185. Special Laws Governing the Nazirites, Nu. 6 112 
Priestly Codes 

Nil. 6 Jehovah gave this command to Moses, 2 Speak to the Israelites and To re- 
say to them, ' When any man or a woman shall make a special vow, the vow JJj£j_ 
of a Nazirite, to separate himself to Jehovah, 3 he shall separate himself from JJp*^ 
wine and strong drink; he shall drink no vinegar of wine, or vinegar of strong vine 
drink, neither shall he drink any drink of grapes, nor eat fresh or dried grapes. 
4 A11 the days of his separation he shall eat nothing that is borne by the grape- 
vine, not even the unripe grapes or tendrils. q 

§ 184 In this very late traditional precedent, associated with the war with the Midianites, 
the later Jewish belief that everything that had been touched by heathen hands was unclean 
assumes binding legal form. 

§ 185 The word Nazirite means, one separated or one who separates himself, i. e., from 
certain ordinary practices. The Nazirite was also separated to Jehovah, that is, his separation 
was intended to symbolize especial devotion to Jehovah. The custom of abstaining from 
certain acts or kinds of food in connection with a vow to the Deity appears to have been in 
vogue among the nomadic ancestors of the Hebrews. Throughout a millennium of Israel's 
history, Nazirites figure more or less prominently. Two kinds of Nazirites may be distin- 
guished, (1) those who like Samson were bound for life by certain obligations assumed by them- 
selves or their parents; or (2) those who for a limited period assumed the Nazirite vow. The 
second appear to have been by far the most common. The law of Nu. 6 contemplates only the 
latter type. In later Jewish history the Nazirite vow is very common, but is taken only for 
a specified time, cf. the Jewish tractat, Nazir, I Mac. 3 49 - 50 , Jos. Ant. xix, 6 1 . From the 
Samson stories and the earliest references it would seem that the abstinence from cutting the 
hair was the oldest and most characteristic element in the Nazirite vow, cf. for the widespread 
reverence for the hair, Frazer, Golden Bough, 2 I, 362-89. The other elements may have been 
added later. The refraining from wine and grapes and all the products of the vine may well 
be due to the aversion, long felt by the more zealous worshippers of Jehovah, the God of their 
nomadic ancestors, for the agricultural civilization of the Canaanites. The Nabateans were 
not allowed to sow or to set out fruit-bearing plants or to build houses or to use wine, cf. Diod. 
Sic. xix, 94 3 . Similar restrictions were laid upon the Recabites, who appear to have cherished 
the older nomadic ideals, Jer. 35 6 - 7 . Amos classifies the Nazirites with the prophets, as sent 
by Jehovah to teach his people, Am. 2 11 - 12 . Self-denial and devotion to Jehovah are the 
two central ideas inherent in the ancient institution. For the somewhat similar regulations 
concerning the priests, cf. §§ 164, 170. The basis of the law regarding the Nazirite is evidently 
an early priestly direction which has many points of kinship with the Holiness Code. 

<J Nu. 6 4 RV, from the kernels even to the husk. The Heb. words occur nowhere else 
in the O.T. and the exact meaning is uncertain. 

225 



Nu. 6 5 ] CEREMONIAL I'M LEANNESS 

Priestly Codes 

To 5 A11 the days of his vow of separation no razor shall pass over his head; 1 " 

hai^un- unt ^ tne completion of the days which he separated himself to Jehovah, 
cut he shall be holy; he shall let the locks of the hair on his head grow long. 
Not to 6 A11 the days that he separateth himself to Jehovah he shall not come 
t JJe C near a dead body. 7 He shall not make himself unclean for his father or 
dead hjg mother, for his brother or his sister, when they die, because his separa- 
tion to God is upon his head. 8 A11 the days of his separation he is holy to 
Jehovah. 
Pro- 9 And if any man die very suddenly beside him, and he defile the head 

STacct taus separated, the Nazirite shall shave his head on the day of his cleansing, 
dental- on t ne seventh day shall he shave it. s 10 And on the eighth day he shall 
filed bring two turtle-doves or two young pigeons, to the priest, at the entrance 
of the tent of meeting: n and the priest shall offer one as a sin-offering, and 
the other as a burnt-offering, and make atonement for him, for he hath 
sinned by coming into contact with the dead; thus he shall hallow his head 
that same day. 12 And he shall separate to Jehovah the days of his separa- 
tion,*^ and shall bring a male lamb a year old as a trespass-offering; but the 
preceding days shall not count, because his separation was defiled.' 



F 

The Law of Circumcision 

§ 186. Origin and Requirements, Gen. 17 914 , 21 4 , Lev. 12', Ex. 12" 
Priestly Codes 

Divine Gen. 17 9 God said to Abraham, As for thee, thou shalt keep my cove- 
mand nant, thou, and thy descendants after thee throughout their generations. 

to the 

r Nu. 6 5 /. e., shall not even be trimmed, cf. Judg. 13 s , 16 17 , I Sam. l n . 

8 Nu. 6 9 According to the Mishna, Temurah, vii, 4, the hair thus cut off was to be buried, 
because unclean. 

1 Nu. 6 12 /. e., he shall observe his vow the full time originally agreed upon. 

§ 186 The rite of circumcision was generally in force among western Semites. Herodotus 
asserts that they adopted it from the Egyptians, II, 36, 204. An intuitional appreciation of 
its hygienic importance, especially in hot tropical countries, may lie at the root of the insti- 
tution, but more probably it is a survival from the phallic worship that was widely extended 
in antiquity and still survives in portions of the far East to-day. It is certainly safe to say 
that circumcision was originally regarded as a religious rite. 

The peculiar story in Ex. 4 24 - 26 connects the institution with Moses. It is his Kenite 
wife, however, who circumcised their son to deliver Moses from the wrath of Jehovah. The 
implication is that the custom was already in vogue among the Kenites. The priestly traditions 
represent it as revealed to Abraham and imposed upon all his descendants as a symbol of 
cleansing and consecration to Jehovah, and of the sacred covenant between God and his people. 
Closely connected with its religious origin was its early significance as a tribal and national 
mark. This meaning of the rite was strongly emphasized as distinctive by later Judaism, 
although the term uncircumcised Philistines implies the recognition by the biblical writers 
of the fact that, with this exception, the other peoples of Palestine, as well as the Hebrews, 
practiced circumcision. 

The expression bridegroom of blood in Ex. 4 25 and the tradition in Josh. 5 2 - z - 8 - 9 sug- 
gest that with the Israelites in the earlier periods, as among the ancient Arabs, circumcision 
did not take place until adolescence or young manhood was reached. It was then the symbol 
of the admission of a youth to full marital, tribal, and religious rights. Only in later periods 
was it transferred to infancy, perhaps that the child from its earliest years might thus be placed 

226 



THE LAW OF CIRCUMCISION [Gen. 17 10 

Priestly Codes 

10 This is my covenant, which ye shall keep, between me and you and thy 
descendants after thee : every male among you shall be circumcised. n When- 
ever ye are circumcised, the flesh of your foreskin shall be a sign of a cov- 
enant between me and you. 12 And every male when he is eight days old, 
shall be circumcised throughout your generations, he who is born in the 
house, or bought with money of any foreigner who is not of thine offspring. 
13 He who is born in thy house and he who is bought with thy money must 
surely be circumcised. Thus my covenant shall be in your flesh for an 
everlasting covenant. 14 As for the uncircumcised male, who is not circum- 
cised in the flesh of his foreskin, that one shall be cut off from among his 
people; he hath broken my covenant. Tr di 

2 1 4 So Abraham circumcised his son Isaac, when he was seven days old, tionai 
as God had commanded him. denT 

Lev. 12 3 On the eighth day the flesh of the foreskin shall be circum- Age 
cised. 

Ex. 12 48 When an alien shall reside with thee, and wish to keep the Resi- 
passover to Jehovah, let all the male members of his family be circumcised, a Sen» 
and then let him come near and keep it; and he shall be as a native born; 
but no uncircumcised person shall eat of it. 

G 

The Sacred Dues 

§ 187. First-born Sons, Ex. 34 1 *". 20C , 22™*, Ex. 13*. 2 , Nu. 3 1113 - " » [8 1 '-"] 

Primitive Codes 

Ex. 34 19a All that openeth the womb is mine. jeho- 

20c All the first-born of thy sons shalt thou redeem. Jjjj 3 

22 19b The first-born of thy sons shalt thou give to me. 

under the protection of the Deity, or possibly because the later priests desired to break with 
the ideas and practices associated with the earlier usage. Cf . the varying usages in the rite 
of baptism. Thus transformed and interpreted, circumcision became finally the distinctive 
religious and racial mark of the Jew. 

The Sacred Dues. — The fundamental idea of the theocracy can be traced to the beginnings 
of Israel's history. It developed as Heb. political institutions unfolded. Gifts to the divine 
head of the tribe and nation were presented from earliest times, as they were to the primitive 
tribal chieftain and later to the king. In the case of the human and Divine King the gifts 
were practically the same both in character and purpose. They were the evidences of loyalty 
and the surest means of securing and retaining royal favor. Only the best of everything 
would be accepted. In most cases this meant also the first. Certain dues must be regularly 
rendered by each man. Additional gifts might be brought as the desires or feelings or vows 
of the individual offerers dictated. Custom, as well as the influence of the priests, constantly 
tended to increase the volume of these sacred dues. In the earliest times they included little 
more than the offerings brought to the local sanctuaries at the three great festivals. The dis- 
appearance of the monarchy, with the destruction of Jerusalem in 586 B.C., left the people 
free to bring all their gifts to the Divine King. The strong desire of the exiles to win again 
the favor of Jehovah also tended to multiply the number of sacred dues, with the result that 
under the priestly laws a very large proportion of the income of every Israelite found its way 
in one form or other to the sanctuary. 

§ 187 The first-born of family and herd and flock was universally believed to be the best. 
It was appropriate, therefore, that it should be given to Jehovah. A notner illustration of the 
belief in the pre-eminence of the first-born is the law of primogeniture, cf. § 30. 

227 



Ex. 13 1 ] THE SACKED DUES 

Priestly Codes 

Ex. 1,3 ! Jehovah gave this command to Moses: 2 Sanctifv to me all the 
first-born, whatever openeth the womb among the Israelites, both of man 
and of beast; it is mine. 
Levites Nil. 3 u Jehovah spoke thus to Moses, 12 I have taken the Levites from 
stitute among the Israelites in the place of all the first-born that openeth the womb 
among the Israelites; 13 for all the first-born are mine; on the day that I 
smote all the first-born in the land of Egypt I consecrated to myself all the 
first-born in Israel, both man and beast; mine they shall be : I am Jehovah. 

^Jehovah also gave this command to Moses : 45 Take the Levites in the 
place of all the first-born among the Israelites, and the cattle of the Levites 
in the place of their cattle; and the Levites shall be mine : I am Jehovah. 

Supplemental Priestly Codes 

Money- Nu. 3 46 And for the redemption of the two hundred and seventy-three 
equiva- ^ ^ first-born of the Israelites, who are over and above the number of the 
Levites, 47 thou shalt take five shekels a apiece according to the census; by 
the standard of the shekel of the sanctuary shalt thou take them (the shekel 
is twenty gerahs). 48 And thou shalt give the money, with which the odd 
number of them is redeemed, to Aaron and to his sons. 49 And Moses took 
the redemption-money from them who were over and above those who were 
redeemed by the Levites. 50 From the first-born of the Israelites he took the 
money, one thousand three hundred and sixty-five shekels, by the standard 
of the shekel of the sanctuary; 51 and Moses gave the redemption-money to 
Aaron and to his sons, according to the word of Jehovah, as Jehovah com- 
manded Moses. 



§ 188. First-born of Flock and Herd, Ex. 84 1M >. 20 , 13»- ,3 », 223°, 
Dt. 14^- 2 s to 1 *- 22 , Nu. IS'*" 1 * [Lev. 27*«. 27 ] 

Primitive Code 

Jeho- Ex. 34 19b All thy male cattle, the first-born of cow and sheep are mine. 

Sue S 20 And the firstling of an ass thou shalt redeem with a lamb; and if thou dost 
not wish to redeem it, then thou shalt break its neck. 

13 H When Jehovah shall bring thee into the land of the Canaanites, as 
he promised by oath to thee and to thy fathers, and shall give it thee, 12 thou 
shalt set apart b to Jehovah all that openeth the womb; of all the first offsprings 
of beasts, which thou shalt have, the males shall belong to Jehovah. 13a And 
every first-born of an ass thou shalt redeem with a sheep; but if thou dost not 
wish to redeem it, then thou shalt break its neck. 

22 30 Thou shalt give c to me the first-born of thine oxen, and thy sheep; 
seven days shall it be with its dam; on the eighth day thou shalt give it me. 

a Nu. 3 47 About three dollars or twelve shillings. 

§ 188 This institution is firmly established in the earliest codes and dates from the no- 
madic period of Israel's history. The primitive Arabs also appear to have had it. 
b Ex. 13 12 bit., cause to paai over. 
e Ex. 22 30 Heb., Likewise shall Oiou do. 

228 



FIRST-BORN OF FLOCK AND HERD [Dt. 14 23 

Deuteronomic Codes 

Dt. 1 4 23 Before Jehovah thy God, in the place in which he shall choose to Presen- 
have his name dwell, thou shalt eat the tithe of thy grain, of thy new wine, a t {he 
and of thine oil, and the first-born of thy herd and of thy flock, that thou mayest J^y fc " 
learn to fear Jehovah thy God always. 24 And if the way be too long for thee, 
so that thou art not able to carry it, because the place, where Jehovah thy 
God shall choose to set his name, is too far from thee; when Jehovah thy 
God shall bless thee, 25 thou shalt exchange thy offering for money, and 
shalt bind up the money in thy hand, and shalt go to the place which Je- 
hovah thy God shall choose; 26 and thou shalt spend the money for whatever 
thou desireth, for oxen, or for sheep, or for wine, or for strong drink, or for 
whatever thine appetite craveth; and thou shalt eat there before Jehovah 
thy God, and thou shalt rejoice, together with thy household. 27 Thou 
shalt not forsake the Levite who is within thy city, for he hath no portion 
nor inheritance with thee. 

1 5 19 A11 the first-born males of thy herd and of thy flock thou shalt con- Only 
secrate to Jehovah thy God ; thou shalt do no work with the first-born of thy animals 
herd, nor shear the first-born of thy flock. 20 Thou, together with thy house- |u| ept " 
hold, shalt eat it before Jehovah thy God year by year in the place which 
Jehovah shall choose. 21 And if it have any blemish, such as lameness or 
blindness or any evil blemish whatever, thou shalt not sacrifice it to Jehovah 
thy God. 22 Thou shalt eat it within thy gates; the unclean and the clean 
shall eat it alike, as the gazelle, and as the hart. 

Priestly Codes 

Nu. 18 15 Everything that openeth the womb, of all flesh which they Only 
offer to Jehovah, both of man and beast shall be thine; only for the first-born animals 
of man thou shalt receive a ransom, and for the first-born of unclean beasts tobe 
thou shalt receive a ransom. 16 At a month old thou shalt receive its ransom deemed 
price according to thy valuation, the sum of five shekels, after the shekel of 
the sanctuary, which contains twenty gerahs. 17 But for the first-born of 
a cow, or the first-born of a sheep, or the first-born of a goat, thou shalt not 
receive a ransom; they are holy; thou shalt dash their blood upon the altar, 
and shalt burn their fat as an offering made by fire as an odor pleasing to 
Jehovah. 18 Their flesh shall be thine; like the wave-breast and the right 
thigh, it shall be thine. 

§ 189. Firstfruits, Ex. 34 26a [23 19a ], Dt. 18 4 , 26i'", Lev. 19 2 S23 10 . », Nu. 15 17 " 21 , 

Lev. 2 1 *' 16 
Primitive Codes 

Ex. 34 26a The first of the firstfruits of thy ground thou shalt bring to Presen- 
the house of Jehovah thy God. 

§ 189 It was natural that as the Hebrews passed over to the agricultural stage, they should 
also bring to Jehovah the first products of the field, as well as of the herd and flock. Among 
the Canaanites this institution was probably in force long before the Hebrews appeared in 
Palestine. With the Babylonians vegetable offerings were in the preponderance. The for- 
mula of Dt. 26, to be used when the firstfruits were presented, is in perfect keeping with the 
religious and didactic aims of the Deuteronomic lawgivers. 

229 



Dt. 18 4 ] THE SACRED DUES 

Deutcronomic Codes 
Method Dt. 18 4 The firstfruits of thy grain, of thy new wine, and of thine oil, 
ritual an d tne ^ rst °f tne A eece or tn y sheep, shalt thou give to Jehovah. 
en£- 6S 26 When thou shalt come into the land which Jehovah thy God is about 
tion to give thee as an inheritance, and shalt possess it, and dwell therein, 2 thou 
shalt take a part of the first of all the fruit of the ground, which thou shalt 
bring in from thy land that Jehovah thy God giveth thee; and thou shalt 
put it in a basket, and shalt go to the place in which Jehovah thy God shall 
choose to have his name dwell. 3 And thou shalt come to the priest who 
shall be officiating in those days, and say to him, I declare this day to Je- 
hovah thy God, that I have come to the land which Jehovah promised by 
oath to our fathers to give to us. 4 Then the priest shall take the basket out of 
thy hand, and set it down before the altar of Jehovah thy God. 5 And thou 
shalt speak out and say before Jehovah thy God, An Aramean d ready to 
perish was my father; and he went down into Egypt, and resided there as an 
alien, few in number; and he became there a nation, great, mighty, and 
populous. 6 And the Egyptians dealt evilly with us, and afflicted us, and 
laid upon us hard bondage. 7 Then we cried to Jehovah, the God of our 
fathers, and Jehovah heard our cry, and saw our affliction, and our toil, and 
our oppression; 8 and Jehovah brought us forth from Egypt with a strong 
hand, and with an outstretched arm, and with great terrors, and with signs, 
and with wonders; 9 and he hath brought us into this place, and hath given 
us this land, a land abounding in milk and honey. 10 Now, therefore, I 
have brought the first of the fruit of the ground, which thou, O Jehovah, 
hast given me. And thou shalt set it down before Jehovah thy God; 11 and 
thou shalt rejoice in all the good which Jehovah thy God hath given to thee 
and to thy household, together with the Levite and the alien who resideth in 
thy midst. 

Holiness Code 

Fruit Lev. 19 24 On the fourth year all the fruit of a young tree shall be holy, 
rees a praise-offering to Jehovah. 

First 23 10 Speak to the Israelites and say to them, When ye come into the land 

which I am about to give to you, and reap its harvest, ye shall bring the sheaf 
of the firstfruits of your harvest to the priest, n and he shall wave the sheaf 
before Jehovah that ye may be accepted; on the day following the sabbath 
the priest shall wave it. 

Priestly Codes 

First Nil. 15 17 Jehovah gave this command to Moses: 18 Speak to the Israelites and say 

dough to them, ' When ye come into the land to which I am about to bring you, 19 and 

when ye eat of the bread of the land, ye shall offer up a special offering to 

Jehovah. 20 Of the first of your dough ye shall offer up a cake as a special 

offering; like the special offering from the threshing-floor, shall ye offer it. 

d Dt. 26 5 /. e., Jacob, cf. Gen. 24 10 - -*. 
230 



FIRSTFRUITS [Nu, 15 21 

Priestly Codes 

21 Of the first of your dough ye shall give to Jehovah a special offering 
throughout your generations.' 6 

Supplementary Priestly Codes 

Lev. 2 14 If thou offer a cereal-offering of firstfruits to Jehovah, thou Pres- 
shalt offer for the cereal-offering of thy firstfruits fresh grain in the ear, parched tfon~oi 
with fire and crushed. 15 And thou shalt put oil on it, and lay frankincense firs * of 
on it; it is a cereal-offering. 16 And as a memorial of it the priest shall burn 
part of the crushed grain and part of the oil, with all the frankincense; it is 
an offering made by fire to Jehovah. 

§ 190. Tithes, Dt. 14 22 ", 26 121 \ Nu. 18 25 " 32 , Lev. 27 3 °- 3 3 
Deuteronomic Codes 

Dt. 14 22 Of all the produce of thy seed thou shalt take a tenth of Pres- 
all that groweth in the field each year, 23 and before Jehovah thy God, in the tion'oi 
place in which he shall choose, to have his name dwell, thou shalt eat the u h f r reg ~ 
tithe of thy grain, of thy new wine, and of thine oil, and the first-born of thy tithes 
herd and of thy flock, that thou may est learn to fear Jehovah thy God always. 
24 And if the way be too long for thee, so that thou art not able to carry it, 
because the place which Jehovah thy God shall choose to set his name, is 
too far from thee; when Jehovah thy God shall bless thee, 25 thou shalt 
exchange thy offering for money, and shalt bind up the money in thy hand, 
and shalt go to the place which Jehovah thy God shall choose; 26 and thou 
shalt spend the money for whatever thou desireth, for oxen, or for sheep, or 
for wine, or for strong drink, or for whatever thine appetite craveth; and thou 
shalt eat there before Jehovah thy God, and thou shalt rejoice together 
with thy household. 27 Also thou shalt not forget the Levite who dwelleth 
within thy town, for he hath no portion nor inheritance with thee. 

26 12 When thou hast made an end of tithing all the tithe of thy produce Trien- 
in the third year, which is the year of tithing, then thou shalt give it to the ^e 
Levite, to the resident alien, to the fatherless, and to the widow, that they for * he 

' * J needy 

e Nu. I5 18b - 21 This passage appears to have been taken from an earlier collection of priestly 
directions. 

§ 190 The tithe, as a rate of taxation, was known among many early peoples, including 
the Babylonians (Jastrow, Relig. of Babs. and Assyrs., 668), the Egyptians (Maspero, Strug- 
gle of the Nats., 312), Sabeans (Plin. NH. 12 63 ), Carthagenians (Diod. Sic. 20 14 ) and Syrians 
(I Mac. 10 31 , ll 35 ). From I Sam. 8 15 - 17 it appears that a tithe of the product of the fields 
and vineyards and flocks was also levied as a tax by Solomon or later Israelitish kings. There 
is no trace, however, of the sacred tithe in the oldest Heb. codes. It appears first in Northern 
Israel in the days of Amos, 4 4 ; but the law of Dt. 14 22 - 27 suggests that in the days of Josiah 
the institution had long been established. 

In the Deuteronomic codes the tithe is only levied on the products of the field and olive 
and vineyard. Two out of every three years it or the equivalent was consumed by the indi- 
vidual offerer and his family and dependents at the central sanctuary; on the third year it was 
distributed among the needy in the community. Since this law is bound up with that of the 
sabbatical year, it would appear that only three out of every cycle of seven years was the special 
tithe thus set aside for the needy. From the first Jehovah's special part in the tithe doubtless 
went to the Levitical priests. As has already been noted, § 160, until the days of Nehemiah, 
however, their income was very uncertain, cf. Neh. 13 10 " 13 . In the priestly codes all the tithe 
goes to the Levites. The supplemental priestly passage, Lev. 27 also adds the tithe of the 
herd and flock, i. e., of the increase of each year. As interpreted by the Rabbis this went to 
the priests, cf. Tobit 1, Jubilees, 32 15 . 

231 



Dt. 26 12 ] THE SACRED DUES 

Deidermiomie Codes 

may eat within thy city, and be filled. 13 And thou shalt say before Jehovah 
thy God, I have put away the consecrated things out of my house, and have 
also given them to the Levite, and to the resident alien, to the fatherless and 
to the widow, just as thou hast commanded me; I have not transgressed any 
of thy commands, neither have I forgotten them : 14 I have not eaten it in 
my mourning/ neither have I put away any of it, while I was unclean, nor 
given of it for the dead; 8 I have hearkened to the voice of Jehovah my God; 
I have done just as thou hast commanded me. 15 Look down from thy holy 
habitation, from heaven, and bless thy people Israel, and the ground which 
thou hast given us, as thou promised by oath to our fathers, a land abounding 
in milk and honey. 

Priestly Codes 

Tithe Nu. 18 25 Jehovah gave this command to Moses, 26 Thou shalt speak 
tfthe 16 to tne Levies, and say to them, 'When ye take from the Israelites the tithe 
for the which I have granted you from them as your inheritance, ye shall make a 
contribution from it to Jehovah, a tithe of the tithe. 27 And your contribu- 
tion shall be accredited to you, as though it were the grain of the threshing- 
floor, and as the full produce of the winepress. 28 Thus ye also shall make 
a contribution to Jehovah of all your tithes which ye receive of the Israelites; 
and out of them h ye shall give Jehovah's full contribution to Aaron the 
priest. 29 Out of all your gifts ye shall make the full contribution due to 
Jehovah, even the consecrated parts of these gifts, selecting it from the best 
of them.' 30 Therefore say to them. l When ye have contributed from your 
gifts the best of them, the rest shall be reckoned to the Levites as the produce 
of the threshing-floor and of the winepress. 31 And ye may eat it anywhere, 
ye and your families; for it is your reward in return for your service in the 
tent of meeting. 32 When ye have contributed the best of your tithes, ye shall 
incur no guilt on account of it; and ye shall not profane the holy things of 
the Israelites, lest ye die.' 

Supplemental Priestly Codes 

Tithe Lev. 27 30 A11 the tithe of the land, whether the seed of the land, or of 
herd 6 the fruit of the tree, belongeth to Jehovah; it is holy to Jehovah. 31 And if a 
gjjjf k man wish to redeem any of his tithe, he shall add to it the fifth part of it. 
32 And all the tithe of the herd or the flock, the tenth of whatever passeth 
under the rod, 1 shall be holy to Jehovah. ''The owner shall not look to 
see whether it is good or bad, nor shall he change it; and if he change it, 
both it and that for which it is changed shall be holy: it may not be redeemed. 

f Dt. 26 H /. e., while ceremonially unclean. 

* Dt. 2(>" Probably referring to the custom of sending gifts of food to the relatives and 
friends of the dead, cf. II Sam. 3 35 , Jer. 16 7 , Ezek. 24 17 . Possibly the allusion is to the prac- 
tice of putting food on the grave, cf. Tobit 4 H . 

h Nu. IK-'* /. e., the tithes. 

' l>ev. 27 32 /. e., is counted. 

2:52 



THE POLL TAX [Ex. 30 11 

§ 191. Poll Tax, Ex. 30 1118 

Supplemental Priestly Codes 

Ex. 30 n Jehovah gave this command to Moses : 12 When thou takest the To be 
census of the Israelites according to their numbering, they shall give each a £JJry by 
ransom for his life to Jehovah, when thou numberest them, that no plague ad" 1 * 
come upon them. 13 This is the sum that each shall give who passeth over 
to those who are numbered, half a shekel according to the standard of the 
sanctuary J (the shekel is twenty gerahs) ; half a shekel as an offering to Je- 
hovah. 14 Every one who passeth over to those who are numbered, from 
twenty years old and upward, k shall present the offering of Jehovah. 15 The 
rich shall not give more, and the poor shall not give less than the half shekel 
when they present the offering of Jehovah to make atonement for your 
lives. 16 And thou shalt take the atonement money from the Israelites and 
shall give it for the service of the tent of meeting that it may be a memorial 
before Jehovah in behalf of the Israelites, to make atonement for their 1 lives. 

§ 192. Voluntary Offerings, Ex. 34 2 <*, 22 2 » a , Dt. 16 I( >. 16 - " [12*-*l Lev. 22 17 - 20 

Primitive Codes 

Ex. 34 20c None shall appear before me empty-handed. Re- 

Ex. 22 29a Thou shalt not delay to offer of thy harvest, and of the out- S"^ 
flow of thy presses. 

Deuteronomic Codes 

Dt. 16 10 Thou shalt keep the feast of weeks to Jehovah thy God ac- To be 
cording to the measure of the voluntary offering which thy hands shall pre- ^nted 
sent, in proportion as Jehovah thy God blesseth thee. 16 Three times in a at the . 
year shall all thy males appear before Jehovah thy God in the place which feasts 
he shall choose : at the feast of unleavened bread, and at the feast of weeks, 
and at the feast of tabernacles; and they shall not appear before Jehovah 
empty-handed; 17 every man shall give as he is able, according to the indi- 
vidual gift with which Jehovah thy God hath blessed thee. 

Holiness Code 

Lev. 22 17 Jehovah gave this command to Moses: 18 Speak to Aaron, and to his Only 
sons, and to all the Israelites, and say to them, ' If any man of the house of ^£i* Ct 
mals 

§ 191 According to Neh. 10 33 the annual temple tax consisted of one-third of a shekel. aD le 
The present law evidently comes from a period later than the great reformation of 400 B.C. 
This poll tax, about thirty-three cents, in the subsequent period was faithfully paid by all 
loyal Jews, and brought into the temple a very large income. 

J Ex. 30 13 /. e., full weight, not depreciated, as were most of the current coins of Palestine. 

k Ex. 30 14 Cf. § 34. 

1 Ex. 30 16 Heb., your. 

§ 192 Voluntary gifts, depending upon the prosperity and generosity of the individual 
giver, constituted the chief offerings presented at the pre-exilic sanctuaries. After the exile 
the required offerings were greatly increased, but the zeal of the worshippers also increased, so 
that many voluntary gifts were doubtless still brought to the sanctuary. 

233 



Not 
with 
immor 



Lev. 22«] THE SACRED DUES 

Holiness Code 

Israel, or of the aliens residing in Israel, bring his offering, whether it be any 
of the vows, or any of the voluntary offerings, which are brought to Jehovah 
as a burnt-offering: H, in order that ye may be accepted, ye shall offer a male 
without blemish, of the bullocks, of the sheep, or of the goats. 20 But what- 
ever hath a blemish ye shall not offer, for it will not be accepted for you.' 

§ 193. Things Vowed or Devoted, Dt. 23 21 - 28 - ,s , 12 26 , Nu. 30, 6 1 *- 21 , Lev. 27 1 - 2 ' 
Deuteronomlc Codes 
Avow Dt. 23 21 When thou vowest a vow to Jehovah thy God, thou shalt not 
S*be delay to pay it; for Jehovah thy God will surely require it of thee and it will 
P ai<1 be sin on thy part. 22 But if thou refrain from making a vow, it shall be no 
sin on thy part. 23 That which thy lips have declared thou shalt faithfully 
do, according as thou hast vowed to Jehovah thy God, a voluntary offering, 
which thou hast promised by word of mouth. 18 Thou shalt not bring the 
hire of a harlot, or the wages of such a dog, into the temple of Jehovah thy 
aJ gain q oc j f or a vow; for both these are an abomination to Jehovah thy God. 
At the 12 26 Thou shalt take the consecrated things which thou hast, and thy 
temple vo ti ve _ ff er ings, an d g Q to the place which Jehovah shall choose. 

Supplemental Priestly Codes 

A Nil. 30 Mioses said to the heads of the tribes of the Israelites, This is 

™ a ^' s the thing which Jehovah hath commanded : 2 '\Vhen a man voweth a vow to 

Jehovah, or sweareth an oath to bind himself with a bond, he shall not break 

his word; he shall do just as he declared. 

Vow 3 Also when a woman maketh a vow to Jehovah and bindeth herself by a 

5?ln pledge, while she is still in her father's house, in her youth, 4 and her father 

unmar- heareth her vow, and her pledge with which she hath bound herself, and her 

daugh- father say nothing to her; then all her vows shall be valid, and every pledge 

with which she hath bound herself shall be valid. 5 But if her father express 

his disapproval of her on the day that he heareth, none of her vows, or of 

her pledges with which she hath bound herself, shall be valid; and Jehovah 

will forgive her, because her father expressed his disapproval of her. 

By a 6 And if she be married while her vows, are upon her, or the rash utterance 

ynie of her lips, with which she hath bound herself, 7 and her husband hear it, and 

§ 193 The widespread Semitic custom of making vows is assumed by those laws. The 
classic O.T. example of a vow are, (1) that of Jephthah, Judg. 11*>» according to which he 
promised if Jehovah would give him the victory over Ins toe-, to sacrifice the first one. who 
came to meet him on his return; and (2) Saul's similar vow. winch would have cost the Me ot 
his valiant son Jonathan had not the people interfered, 1 Sam. 14* -*■: The vow was of the 
nature of a contract between the individual and Jehovah and was all the more binding because 
the Deity was one of the parties to it. The present laws, however, no Longer recognue human 
sacrifice." but provide an equivalent offering in case a man, for example, vows that he will give 
one of his children to Jehovah. The priest, as Jehovah's representative determines the val- 
uation. Especially in the case of the poor, the danger of extortion was great as the law itsell 
recognizes by making a special provision, Lev. 27 8 . The law regarding the redemption ol per- 
sons and things vowed is verv late, for it assumes the late regulation regarding the year ot 
jubilee, but II KgB. 12* Contains a reference to the custom which indicates that the institution 
xsa- in vogue at an early date. The Marseilles Tablet also demonstrates that it was known to the 
Phoenicians and probably the ancient Canaanites, as well as to the Hebrews, cf. Appendix Vlll. 

234 



THINGS VOWED OR DEVOTED [Nu. 30 7 

Supplemental Priestly Codes 

say nothing to her on the day that he heareth it; then her vows shall be valid, 
and her pledges with which she hath bound herself shall be valid. 8 But 
if her husband express his disapproval of her on the day that he heareth it, 
then he rendereth her vow invalid, and the rash utterance of her lips, with 
which she hath bound herself, and Jehovah will forgive her. 

9 But in the case of the vow of a widow, or of one who is divorced, every- By a 
thing with which she hath bound herself, shall be valid against her. 10 And ™ ™ 
if she vowed in her husband's house, or bound herself with a pledge by an oath, vor ced 
n and her husband heard it, and said nothing to her, and expressed no dis- 
approval of her, then all her vows shall be valid, and every pledge with which 
she bound herself shall be valid. 12 But if her husband made them null and 
invalid, on the day that he heard them, then whatever she declared concern- 
ing her vows, or her pledge shall not be valid; her husband hath made them 
invalid, and Jehovah will forgive her. 13 Every vow, and every oath pledging 
some self -infliction, her husband may render valid or invalid. 14 But if her 
husband say nothing to her from day to day, then he rendereth all her vows, 
or all her pledges which rest upon her valid; he hath rendered them valid 
because he said nothing to her on the day that he heard them. 15 But if he 
render them null and invalid after he hath heard them, then he taketh her 
iniquity upon himself. 16 These are the statutes, which Jehovah commanded 
Moses, between a man and his wife, between a father and his daughter, 
while she is still a girl in her father's house.' 

Priestly Codes 

Nu. 6 13 This is the law of the Nazirite : When the days of his separation" 1 Nazi- 
are at an end he shall come 11 to the entrance of the tent of meeting. 14 And he offering 
shall offer as his gift to Jehovah, one yearling male lamb without blemish Jj |°^ 
as a burnt-offering, and one ewe-lamb a year old without blemish as a sin- period 
offering, and one ram without blemish as a peace-offering, 15 and a basket of 
unleavened bread, cakes of fine meal mixed with oil, and unleavened wafers 
anointed with oil, and their cereal-offering and libations. 16 And the priest 
shall present them before Jehovah, and shall offer his sin-offering, and his 
burnt-offering; 17 and he shall sacrifice the ram as a peace-offering to Jehovah, 
together with the basket of unleavened bread ; the priest shall also present its 
cereal-offering and its libation. 

18 Then the Nazirite shall shave his consecrated head at the entrance of Ritual 
the tent of meeting, and shall take his consecrated hair,°* and put it on the ^_ De 
fire which is under the sacrifice of peace-offering. 19 And the priest shall served 
take the boiled shoulder of the ram, and one unleavened cake from the basket, 
and one unleavened wafer, and shall lay them on the hands of the Nazirite, 

m Nu. 6 13 Or, Naziriteship. 

■ Nu. 6 13 Through what must be a scribal error the Heb. reads, he shall be brought. 

° Nu. 6 15 According to Nu. 15 46 these consisted of about three and one-half pints of fine 
meal and about seven pints of wine. 

p Nu. 6 18 Lit., of his separation or Naziriteship. 

t Nu. 6 18 The hair was regarded as sacred by many ancient peoples, and therefore suitable 
as a special offering. 

235 



Nu. c 19 ] the sacred dues 

Priestly Codes 

after he hath shaved off the evidence of his separation. 20 Then the priest 
shall wave them as a wave-offering before Jehovah; this is an holy gift for 
the priest, together with the wave-breast and the thigh of the contribution; 
after that the Nazirite may drink wine. 
Re- 2l This is the law of the Nazirite who taketh a vow in regard to his gift to 

Jl hfs Jehovah in accordance with his separation, in addition to what he is able to 
obliga- offer; according to his vow which he voweth, so he must do in accordance 
with the law of his separation. 



tions 



Supplemental Priestly Codes 

Tariff Lev. 27 * Jehovah gave this command to Moses: 2 Speak to the Israel- 
demp- *tes, an d sav to them, 'When a man fulfilleth a vow to Jehovah which in- 
tion of volveth thy valuation of persons, 3 for a male between twenty and sixty years 
vowed: of age thy valuation shall be fifty shekels of silver, by the standard 1- of the 
viduals s *iiit*tuary. 4 And if it be a female, thy valuation shall be thirty shekels. 
5 And if it be between the age of five years and twenty years, thy valuation 
shall be for a male twenty shekels, and for a female ten shekels. 6 And if it 
be between the ages of one month and five years, thy valuation shall be for a 
male five shekels of silver, and for a female three shekels of silver. 7 And 
if it be for the age of sixty years and upward, thy valuation shall be for a male 
fifteen shekels, and for a female ten shekels. 8 But if the man be too poor 
to pay the valuation, the person vowed shall be placed s before the priest, and 
the priest shall value him; according to the means of him who made the vow 
shall the priest value him. 
Ani- 9 And if it be a beast, of a kind which may be offered to Jehovah, all that 

s any man giveth of such to Jehovah shall be holy. 10 He shall not alter or ex- 
change it, a good for a bad, or a bad for a good; and if he exchange beast 
for beast, then both it and that for which it is exchanged shall be holy. n And 
if it be an unclean beast, of a kind which they do not offer to Jehovah, then 
he shall set the beast before the priest; 12 and the priest shall value it, esti- 
mating how good or bad it is; as thou, the priest, valuest it, so shall it be. 
13 But if he wish to redeem it, he shall add the fifth part to thy valuation. 
Houses 14 And when a man consecrateth his house to be holy to Jehovah, the priest 
shall value it, estimating how good or bad it is; as the priest valuest it, so 
shall it stand. 15 And if he who consecrated it wish to redeem his house, he 
shall add the fifth part of the money of thy valuation to it, and it shall be his. 
Heredi- 1G And if a man consecrate to Jehovah part of the field of his possession, 
fields thy valuation shall be in proportion to the seed sown upon it to the sowing 
jjj^ w _ thereof : if sown with a homer of barley it shall be valued at fifty shekels of 
ing silver. 17 If he consecrate his field from the year of jubilee, it shall stand 
" rops according to thy valuation. 18 But if he consecrate his field after the jubilee, 
the priest shall reckon to him the money in proportion to the years that re- 
main until the year of jubilee; and an abatement shall be made from thy 

r I ev. 27 3 Lit., shekel. 

s Lev. 27'* Lit., one shall set; so also in n . 

2S6 



THINGS VOWED OR DEVOTED [Lev. 27 18 

Supplemental Priestly Codes 

valuation. 19 And if he who consecrated the field wish to redeem it, then he 
shall add the fifth part of the money of thy valuation to it, and it shall be 
assured to him. 20 But if he will not redeem the field, or if he have sold the 
field to another man, it shall not be redeemed any more; 21 but the field, 
when it is released in the jubilee, shall be holy to Jehovah, as a field devoted; 
it shall be the possession of the priest. 22 And if he consecrate to Jehovah 
a field which he hath bought, which is not one of the fields of his possession, 
23 the priest shall reckon to him the amount of thy valuation until the year of 
jubilee; and he shall give thy valuation in that day, as a thing holy to Jehovah. 
24 At the year of jubilee the field shall return to him of whom it was bought, 
even to him to whom the possession of the land belongeth. 25 And all thy 
valuations shall be according to the shekel of the sanctuary; twenty gerahs 
shall be the shekel. 

26 Only the firstling of animals, which as such belongeth to Jehovah, no First- 
man shall consecrate whether it be ox or sheep, it is Jehovah's. 27 And if it cieln° f 
be the firstling of an unclean beast, he shall ransom it according to thy valua- and un_ 
tion, and shall add to it the fifth part of it; or if it be not redeemed, then it animals 
shall be sold according to thy valuation. 

28 Nevertheless, no devoted thing, that a man may devote to Jehovah of all Things 
that he hath, whether of man or beast, or of the field of his possession, shall edTo 
be sold or redeemed; every devoted thing is most holy to Jehovah. 29 None Je h°- 
de voted, that shall be devoted from among men, shall be ransomed; he shall 
surely be put to death.' * 



§ 194. Spoils of War, Nu. 31 2s - 31 

Supplemental Priestly Codes 

Nu. 31 25 Jehovah commanded Moses, 26 Make an estimate of the booty Part 
that was taken, both of man and of beast, thou, and Eleazar the priest, and hovah 6 
the heads of the fathers' houses of the congregation; 27 and divide the booty 
into two parts between the men skilled in war, who went out to battle, and 
all the congregation. 28 And levy a contribution for Jehovah upon the war- 
riors who went out to battle : one in five hundred, of the persons, and of the 
oxen, and of the asses, and of the flocks; 29 take it from their half, and give 
it to Eleazar the priest, as a special contribution to Jehovah. 30 And from 
the Israelites' half thou shalt take one drawn out of every fifty, of the persons, 
of the oxen, of the asses, and of the flocks, even of all the cattle, and give them 
to the Levites, who have charge of the dwelling of Jehovah. 31 And Moses 
and Eleazar the priest did as Jehovah commanded Moses. 

* Lev. 27 29 This law doubtless refers to heathen captives or idolaters placed under the 
ban, cf. §§ 58-60. 

§ 194 This late traditional precedent represents one of the many ways in which later 
Judaism sought to secure for the temple and its officials a definite and generous income. From 
the earliest times a part of the spoils of war were doubtless dedicated to the Deity, cf. e. g., 
Josh. 7. The Moslem law enacts that one-fifth of the spoil belongs to God, Kor. 8 42 . 

237 



Dt. lo n ] 



SACRIFICIAL OFFERINGS 



II 



Sacrificial Offerings 



§ 195. Animals Suitable for Sacrifice, Dt. 15^, 17 1 , Lev. 22i8b-i 7 [12b. ,j 

Deuteronomic Codes 

Only Dt. 15 21 If an animal have any blemish, such as lameness or blindness 

SnimaL or any evil blemish whatever, thou shalt not sacrifice it to Jehovah thy God. 

17 1 Thou shalt not sacrifice to Jehovah thy God an ox, or a sheep, in 

which is a blemish or anything evil, for that is an abomination to Jehovah 

• thy God. 

Holiness Code 
De- Lev. 22 18b If any man of the house of Israel or of the aliens residing in 

ipecifi- Israel bring his offering, whether it be any of the vows or voluntary offerings 



cations _ 



Sacrificial Offerings. — The prophetic tradition in the story of Cain and Abel traces the 
institution of sacrifice back to the beginnings of human history. The earliest Bab. inscriptions 
contain frequent references to both animal and vegetable sacrifices. The Babylonians believed 
that the institution originated with the creation of the world. Thousands of years before 
the beginnings of Hebrew history the usages and laws of sacrifice had been developed, subject 
to local modifications. Most of the sacrificial terms employed in the O.T. had long been in 
use among the Babylonians. Like prayer and song, sacrifice in antiquity was almost universally 
regarded as a necessarv element in all religious worship. Perhaps the original, and certainly 
in the O.T. the prevailing idea of sacrifice is that of a gift or tribute to the Deity. Thus the 
oldest common designation of a sacrificial offering, miimah, was also employed to describe a 
gift proffered to a friend or a chieftain or an offended brother (as when Jacob returned to his 
brother Esau, Gen. 32 13 - ls ). In the ritual the minhah included animal as well as other sacrifi- 
cial offerings. The corresponding late priestly term, korban, gift or present, has a similar 
broad content. The laws and literature of sacrifice reflect the idea of the primitive age when 
the prevailing conceptions of the gods were exceedingly anthromorphic. Since early man 
was, like the normal small boy, usually possessed of a strongly developed appetite, it was 
inevitable that he should regard food as the gift most suitable and acceptable to his god. In 
the Bab. literature this idea is clearly and frequently expressed. In the Bab. account of 
creation the gods are represented as feasting and drinking together, cf. Vol. I, p. 366. Else- 
where we are told that the glorious gods smell the incense, the noble food of heaven, they enjoy 
the pure wine which no hand hath touched, 4 R. 19 54 , or again we find the parallel expressions, 
eat the food, accept his sacrifice, 4 R. 17 56 . ... . 

As man's conceptions of the Deity became more spiritualized, he recognized that the 
god could not, as a human being, partake of the offerings brought to him; accordingly the 
parts set aside for the Deity were consumed by fire that he might smell the pleasant odor, 
even as when Noah sacrificed to Jehovah, Gen. 8 21 . At other times, Jehovah's portion was 
consumed by his representatives, the priests. In the case of animal sacrifices the most sacred 
part, the blood that represents the life, cf. note § 173, was poured out upon the ground or 
dashed against the altar that it might thus be presented to the Deity. 

It was natural that out of the belief that the Deity was pleased with gifts of food should 
grow the kindred conception of sacrifice as a sacrificial meal. Even in the later priestly ritual 
an ordinary sacrifice had all the ordinary accessories of the usual Heb. meal: the meat, cakes 
of meal mixed with olive oil, and a measure of wine. Judg. 6 19 contains one of the most striking 
of the many illustrations of this popular belief, for it states that when the Messenger of Jeho- 
vah came to him, Gideon went in and prepared a kid, and unleavened cakes from an ephah 
of flour; he put the broth in a pot, and brought it out to the divine Messenger. The tradition 
adds that after this meal had been laid out on the rock, and the broth had been poured out, 
the divine Messenger touched with his staff the food thus prepared, and a fire went up from 
the rock and consumed the food. 

The early narrative in I Sam. 9 and the sacrificial laws in Dt. give vivid pictures of the 
pre-exilic sacrificial meals at the local shrines and later at the central sanctuary in Jerusalem. 
Amid great rejoicing they shared their sacrificial offerings with their Divine Host, their fam- 
ilies, and the needy in the community. Each individual offerer slew and prepared his own 
sacrificial animal. As has already been noted, Introd., p. 43, the exile changed these feasts 
to fasts; the performance of the sacrificial offering also passed largely from the hands of the 
individual offerer to the priests, as the ritual became more elaborate and was more carefully 
guarded from all ceremonial defilement. The chief aim of sacrifice ceased to be praise and 
homage, and it came to represent more and more the effort of the individual and community 
to appease Jehovah's wrath and secure and retain his favor. 

238 



ANIMALS SUITABLE FOR SACRIFICE [Lev. 22 18 *> 

Holiness Code 

which are brought to Jehovah as a burnt-offering, 19 in order that ye may be 
accepted, ye shall offer a male without blemish, of the bullocks, of the sheep, 
or of the goats. 20 But ye shall not offer anything that hath a blemish, for it 
will not be accepted for you. 21 Whoever bringeth a sacrifice of peace-offerings 
to Jehovah as a votive-offering a or as a voluntary offering from the herd or 
the flock, it must be perfect to be accepted; there must be no blemish in it. 
22 Animals that are blind, or broken, or maimed, or that have running sores, 
or scurvy or are scabbed, ye shall not offer to Jehovah, nor make of them an 
offering by fire on the altar to Jehovah. 23 A bullock or a lamb, however, which 
hath any part too long or too short, b thou may est offer as a voluntary offering, 
but it will not be accepted as a votive-offering. 24 Ye shall not offer to Je- 
hovah that which hath the testicles bruised, or crushed, or torn off, or cut 
off; ye shall not sacrifice such animals in your land; 25 nor shall ye offer 
any of these from the hand of a foreigner as food for your God; because they 
are corrupt, there is a blemish in them, d they will not be accepted for you. 

26 Jehovah gave this command to Moses: 27 When a bullock, or a sheep, or a Age of 
goat, is born, it shall be seven days with its mother; and from the eighth day vlctira 
and after it may be accepted as a gift, an offering made by fire to Jehovah. 

I 
THE DIFFERENT FORMS OF OFFERINGS 

§ 196. Ordinary Animal Sacrifice (Zebkach), Ex. 10 2 *. ", 18 12 , Dt. 12", Lev. 3 lT » 
Primitive Codes 

Ex. 10 24 Pharaoh summoned Moses, and said, Go ye, worship Jehovah; Early 
only let your flocks and your herds remain behind; let your little ones also go denS 
with you. 25 But Moses said, Thou must also give into our hand sacrifices 
and burnt-offerings, that we may sacrifice to Jehovah our God. 

18 12 Jethro, Moses' father-in-law, took a burnt-offering and sacrifices 
for God, and Aaron came with all the elders of Israel to eat with Moses' 
father-in-law before God. 

a Lev. 22 21 Lit., to fulfil a special vow. 

b Lev. 22 23 Or, superfluous or lacking. 

c Lev. 22 24 Lit., and in your land ye shall not do, i. e., sacrifice. Jos. interprets, nor shall 
ye do thus, i. e., practice any of these four methods of castrating animals. The former ren- 
dering does better justice to the text. 

d Lev. 22 25 Lit., their corruption is in them. 

Different Forms of Offerings. — At least five distinct forms of sacrificial offerings can be 
distinguished in the earliest periods of Israel's history. The form chosen depended upon the 
occasion, the object of the offering, and to a great extent at first upon the feeling of the indi- 
vidual offerer. In the later ritual, however, the form of the sacrifice was definitely prescribed. 
Several of the earlier independent offerings were combined ; thus the bloody sacrifices assumed 
the central place, and the cereal-offerings and the libations were required simply as acces- 
sories. 

§ 196 By far the most common form of sacrifice both in the earlier and later periods was 
the ordinary private animal sacrifice in which the victim was killed by the offerer at the sanct- 
uary. Probably before, as after the exile, the priest dashed its blood against the altar and 
burnt the fat upon the altar, as Jehovah's portion. A part went to the officiating priest in 
return for his services and the rest way consumed by the offerer, his family, friends, and de- 
pendents in the temple courts. 

239 



1)t. 12»] THE DIFFERENT FORMS OF OFFERINGS 

Devteronomic ( 'odes 

To be Dt. 12 n At the place in which Jehovah your God shall choose to have 
mated ms name dwell, thither shall ye bring all that I command you : your burnt- 
a( the offerings, and your sacrifices, your tithes, and the individual contributions of 
your hand, e and your choice vows which ye vow to Jehovah. 



temple 



Priest I// Codes 

Method Lev. 3 1 When a man's gift is a sacrifice of peace-offerings, f if he bring 
enta- es ** from the herd, whether male or female, he shall offer one that is without 
tion blemish before Jehovah. 2 He shall lay his hand on the head of his offering 
and kill it at the entrance of the tent of meeting; and Aaron's sons, the 
priests, shall dash the blood against the altar round about. 3 Then he shall 
present from the sacrifice of peace-offerings an offering made by fire to Je- 
hovah; the fat that covereth the entrails, and all the fat that is about the en- 
trails, 4 and the two kidneys, and the fat that is on them near the loins, and 
the fatty mass next to the liver, which mass he shall remove as far as the 
kidneys. g 5 Aaron's sons, the priests, h shall burn 1 it on the altar over the 
burnt-offering, which is upon the wood that is on the fire; it is an offering 
made by fire of an odor pleasing to Jehovah. 

6 If his gift as a sacrifice of peace-offerings to Jehovah be from the flock, a 
male or a female, he shall offer it without blemish. 7a If he bring a lamb as his 
offering, he shall present it before Jehovah. 

§ 197. The Holocaust (OWi), Gen. 8 2 °, Ex. 20 2 S Dt. 27 6 , 12". «■, Lev. I 317 , 6*- 13 
Primitive Code 

An Gen. 8 20 Noah built an altar to Jehovah, and took of every clean beast 

prece- an ^ °f every clean bird, and offered burnt-offerings on the altar. 

Ex. 20 - 4 An altar of earth thou shalt make to me, and shaft sacrifice 
On on it thy burnt-offerings, and thy peace-offerings, thy sheep, and thine oxen; 
altars m every place where I record my name I will come to thee and will bless 
thee. 

Dt. 27 6 Thou shalt build the altar of Jehovah thy God of unhewn stones; 
and thou shalt offer burnt-offerings on it to Jehovah thy God. 

Deuteronomic Codes 
Only at Dt. 12 n At the place in which Jehovah your God shall choose to have 
te'mple ms name dwell, thither shall ye bring all that I command you : your burnt- 

e Dt. 12 n Lit., reserved portions of your hands. 

f Lev. 3 1 Or, thank-offerings. So vs. c . The term denotes primarily a sacrifice in token 
of alliance or friendship. This law in 3 1 - 7 " was probably found originally among the priestly 
directions. 

e Lev. 3 4 Or, with the kidnei/s. 

h Lev. 3 5 So Gk. Heb. omits, the' priests. 

1 Lev. 3 5 Lit., cause it to ascend in smoke. 

§ 197 The holocaust or whole burnt-offering goes back to the beginnings of Heb. history. 
The entire animal was consumed on the altar that it might thus be given entirely to Jehovah. 
In the priestly codes the victim itself appears to have been slain by the offerer; but in later 
practice it was left to the priests. The priestly laws also specify very definitely the ritual to 
be observed by them. 

240 



THE HOLOCAUST [Dt. 12 11 

Deuieronomic Codes 

offerings, your sacrifices, your tithes, your individual contributions, and - 

all your choice vows which ye vow to Jehovah. 27a And thou shalt offer thy 
burnt-offerings, both the flesh and the blood, upon the altar of Jehovah thy 
God. 

Priestly Codes 

Lev. 1 3 If his gift be a burnt-offering from the herd, he shall offer a Ritual 
maleJ without blemish; he shall present it at the entrance of the tent of offering 
meeting, that he may be accepted before Jehovah. 4 He shall lay his hand animals 
on the head of the burnt-offering, and it shall be accepted in his behalf to the 
make atonement for him. 5 Then he k shall kill the bullock before Jehovah; 
and Aaron's sons, the priests, shall bring the blood, and dash the blood 
round about against the altar that is at the entrance of the tent of meeting. 
6 Then he shall flay the burnt-offering and cut it into pieces. 7 And Aaron's 
sons, the priests, 1 shall put fire on the altar, and lay wood in order upon the 
fire; 8 and Aaron's sons, the priests, shall lay the pieces, together with m the 
head and the suet, in order upon the wood that is on the fire which is upon 
the altar; 9 but its entrails and its legs shall be washed 11 with water. Then 
the priest shall burn the whole on the altar; it is° a burnt-offering, an offering 
made by fire, of an odor pleasing to Jehovah. 

10 If his gift be from the flock, a sheep or a goat p as a burnt-offering, he From 
shall offer a male without blemish. q n And he shall kill it on the north side q^ 
of the altar before Jehovah; and Aaron's sons, the priests, shall dash its 
blood against the altar round about. 12 Then he shall cut r it into pieces; and 
the priest s shall lay them together with the head and the suet in order on 
the wood that is on the fire which is upon the altar; 13 but the entrails and the 
legs shall be washed with water. Then the priest shall offer the whole, 
and burn it upon the altar; it is a burnt-offering, an offering made by fire, 
of an odor pleasing to Jehovah. 

14 If his gift 4 to Jehovah be a bird" as a burnt-offering, he shall bring as his Birds 
offering a turtle-dove or a young pigeon. » 15 Then the priest shall bring it to the 
altar, and wring off its head, and burn it on the altar; its blood shall be drained 
out against the side of the altar; 16 and he shall take away its crop with the feathers, 
and cast it into the ash-pit w on the east side of the altar. 17 Then he shall cleave it 
at its wings, without wholly severing them ; and the priest shall burn it on the altar 

J Lev. I 3 Heb., offer it a male. So., in 10 . The law of Lev. 1 appears to come from 
the priestly directions and to have been adjusted to the groundwork. 

k Lev. 1* Gk., they shall kill; so also in n . The Heb. may be rendered impersonally with 
the same meaning as the Gk., but the reading adopted accords with Arab, usage. 

1 Lev. I 7 So Gk., Sam., and Syr. Heb., priest. It is possible that the priest alone figured 
in the original law and that Aaron's sons was added by a late editor. 

m Lev. I 8 So Gk., Sam., and Svr. Heb. omits, together with. 

n Lev. I 9 The Heb. has the transitive form. The Gk. and Sam. have the plural. The 
evidence for plural form is rather slight, and it seems unlikely that anyone but the priests 
should perform this service, so that the above rendering seems to be the original. 

° Lev. 1» So Gk., Sam., and Syr. Heb. lacks, it is. 

*> Lev. I 10 Lit., of the sheep or of the goats. 

i Lev. I 10 Gk. adds, and he shall lay his hand on its head. 

1 Lev. 1 12 Gk. and Syr. have the verb in plural. 

« Lev. 1" Gk. the priests. 

1 Lev. 1 i4-n a later supplement, as the title in 2 implies. 

u Lev. 1 )4 Heb., of birds. 

T Lev. I 14 Heb., of turtle-doves or of young pigeons. 

w Lev. P 6 So Gk., Sam., and Vulg. The Heb. does not justify the translation, filth, as in 
RV. By a slight correction the above reading is restored. 

241 



Lev. I 17 ] THE DIFFERENT FORMS OF OFFERINGS 

Priestly Codes 

on the wood that is upon tho fire; it is a burnt-offering, an offering made by fire, of 

an odor pleasing to Jehovah. 

Rules Lev. 6 8 Jehovah spoke thus to Moses, Command Aaron and his sons as follows: 

iSthe 'This is the law concerning the burnt-offering: The burnt-offering shall 

daily remain on the hearth upon the altar all night until the morning; and the 

offering fire of the altar shall be kept burning by means of it. 10 The priest shall 

clothe himself in his linen garment, x and put on his linen breeches; and he 

shall take up the ashes to which the fire hath consumed the burnt-offering 

on the altar, and he shall put them beside the altar. n Then he shall take 

off his garments, and put on other garments, and carry the ashes out of the 

camp to a clean place. 12 The fire on the altar shall be kept burning by 

means of the burnt-offering, it shall not go out; the priest shall burn wood 

on it every morning; and he shall arrange the burnt-offering upon it, and 

shall burn on it the fat of the peace-offerings. 13 Fire shall be kept burning 

on the altar continually; it shall not go out/ 

§ 198. Cereal-offerings, Ex. 34 2Sa [23 l *], Nu. 15 1 " Lev. 2 1 *. 2 «>-i« [6 1 *- 23 ] 
Primitive Codes 
With Ex. 34 25a Thou shalt not offer the blood of my sacrifice with leavened 

animal i j 

sacri- bread. 

fices 

Priestly Code 

To ac- Nil. 15 x Jehovah gave this command to Moses, 2 Speak to the Israelites, and 
pany sa 3 r to them, 'When ye come into the land of your dwellings, which I give 
JJSJJ , you, 3 and wish to make an offering made by fire to Jehovah, a burnt-offering, 
offering or a sacrifice, as a votive-offering a or as a voluntary offering, or at your ap- 
pointed seasons, to make an odor pleasing to Jehovah, from the herd or 
from the flock, 4 then he who bringeth his offering shall present to Jehovah a 
cereal-offering of a tenth of an ephah of fine meal mixed with the fourth of a 
hin of oil; 5 and as wine for the libation, the fourth of a hin shalt thou prepare 
with the burnt-offering or the sacrifice, for each lamb. b G Or for a ram, thou 
shalt prepare as a cereal-offering two-tenths of an ephah of fine meal mixed 
with a third of a hin of oil; c 7 for the libation thou shalt bring a third of a hin 
of wine, an odor pleasing to Jehovah. 8 When thou preparest a bullock as a 
burnt-offering or as a sacrifice in fulfillment of a vow, or offered as any other 
form of peace-offerings d to Jehovah, 9 thou shalt e offer with the bullock a 

x Lev. 6 10 Syr., garments. 

§ 198 Among the Babylonians the most common offerings were grain, fruit, and other 
products of the soil. In the earlier days these forms of offerings were also very common among 
the Hebs.; but in the priestly codes the cereal-offerings are only the necessary accompani- 
ments of the animal sacrifices. Possibly they are assigned to this secondary place in the sac- 
rificial system because grain was regarded as a product of the Canaanitish agricultural civili- 
zation, while animal sacrifices came from the nock and herd, and. therefore, were the gifts 
originally presented to Jehovah by the nomadic ancestors of the Hebs. 

a Nu. 15 3 Lit., to fulfil a special vow. 

b Nu. 15 5 The Gk. adds, thou shalt do this as an offering of pleasant odor to Jehovah 

c Nu. 15 6 Gk. adds, when ye offer it for a burnt-offering or for a sacrifice. 

d Nu. 15 8 Lit., for peace-offerings. 

• Nu. 15" Heb., he shall. 

242 



CEREAL-OFFERINGS [Nu. 15 9 

Priestly Code 

cereal-offering of three-tenths of an ephah of fine meal mixed with half a hin 
of oil; 10 thou shalt offer as the libation half a hin of wine, as an offering made 
by fire, of an odor pleasing to Jehovah. f 

n So shall it be done for each bullock, or for each ram, or for each of the Bind- 
male lambs, or of the kids. 12 According to the number that ye shall prepare, [ 1 n r f on 
so shall ye do in the case of every one according to their number. 13 A11 israel- 
who are native born shall do these things in this way, in offering an offering and res- 
made by fire, of an odor pleasing to Jehovah. 14 If an alien reside among [jf^jj 
you, or if any one else be among you throughout your generations, and wish alike 
to present an offering made by fire, of an odor pleasing to Jehovah; as ye do, 
so shall he do. 15a There shall be but one statute for the assembly, 8 both 
for you and for the alien who resideth among you, a statute forever through- 
out your generations; ye and the resident alien shall both be alike before 
Jehovah. 16 There shall be one law and one regulation for you, and for the 
alien who resideth among you.' 

Lev. 2 la If anyone presenteth a cereal-offering as a gift to Jehovah, the Method 
priest h shall take from it a handful of the fine meal and oil, with all the frank- enta- 68 
incense. 2b Then as a memorial of it the priest shall burn it on the altar, an tion 
offering made by fire of an odor pleasing to Jehovah. 3 The remainder of 
the cereal-offering shall belong to Aaron and his sons; it is a thing most holy, 
being a part of the offerings made by fire to Jehovah. 

Supplemental Priestly Codes 

Lev. 2 4 When thou bringest as a gift a cereal-offering baked in the oven, Addi- 
it shall be in the form of unleavened cakes of fine meal mixed with oil, or §SJJ- 
unleavened wafers smeared with oil. 5 If thy gift be a cereal-offering baked tions 
on a flat plate, it shall consist of fine meal unleavened, mixed with oil. 6 Thou 
shalt break it in pieces and pour oil on it ; it is a cereal-offering. 7 If thy gift 
be a cereal-offering prepared in a sauce-pan, it shall be made of fine meal 
with oil. 8 Thou shalt bring the cereal-offering that is made in any of these 
ways 1 to Jehovah ; it shall be presented to the priest, and he shall bring it to 
the altar. 9 Then the priest shall take up part of the cereal-offering as a 
memorial, and shall burn it on the altar, an offering made by fire, of an odor 
pleasing to Jehovah. 10 The remainder of the cereal-offering shall belong to 
Aaron and his sons, as a thing most holy, being a part of the offerings made 
by fire to Jehovah. 

n No cereal-offering, which ye shall offer to Jehovah, shall be made with Acces- 
leaven; for ye shall offer i neither leaven nor honey as an offering made by f"he 
fire to Jehovah. 12 As an offering of firstfruits ye shall bring them to Jeho- Jg^ 1 " 
vah; but they shall not be burnt on the altar, to give forth a pleasant odor. k ings 

f Nu. 15 10 Most of this vs. is lacking in Gk. 

e Nu. 15^ Cf . § 22, note •. 

h Lev. 2 2 Heb., he. Cf. 9 . The rest of the vs. as far as frankincense is perhaps a gloss. 

1 Lev. 2 8 Or, of these materials. 

i Lev. 2 X1 So Gk., Sam., Syr., and Targ. Heb., cause to ascend in smoke. 

k Lev. 2 12 Heb., come up as a pleasant odor on the altar. 

243 



Lev. 2 13 ] THE DIFFERENT FORMS OF OFFERINGS 

Supplemental Priestly Codes 

13 Every cereal-offering which thou offerest 1 shall thou season with salt, nor 
shall thou suffer the salt which betokeneth the covenant 01 of thy God to be 

lacking from thy cereal-offering; with all thy offerings thou shalt offer salt. 
1 } If thou offer a cereal-offering of firstfruits to Jehovah, thou shalt bring, as 
the cereal-offering of thy firstfruits, young ears of grain roasted at the fire 
and crushed." 15 Thou shalt pour oil on it, and lay frankincense on it; it 
is a cereal-offering. 16 Then as a memorial of it, the priest shall burn some 
of the crushed grain and some of the oil, together with all the frankincense; 
it is an offering made by fire to Jehovah. 

§ 199. Libations, Gen. 28 18 , 35" Nu. 15 3 »- b - <»• '• «»• *. 10 [Lev. 23 13 , Ex. 29 41 - l2 , 
Lev. 2, 6 19 - 23 , Nu. 5 1S . 6 14 - 17 ] 
Primitive Codes 

Early Gen. 28 18 Jacob rose up early in the morning, and took the stone that he 
Sent? na( l P ut under his head, and set it up for a pillar, and poured oil upon the 

top of it. 

35 14 And Jacob set up at the place where God had spoken with him, a 

pillar of stone; and he poured a libation and oil upon it. 

Priestly Codes 
To ac- Nu. 15 3a> b Whenever ye make an offering, by fire to Jehovah from the 
pany ner d or flock, 4a he who bringeth his offering to Jehovah shall offer 5 wine for 
a ^ I a ani " the libation, a fourth of a hin shalt thou prepare with the burnt-offering or 
sacri- the sacrifice, for each lamb.° 6a For a ram 7 thou shalt offer as a libation a 

third of a hin of wine, as an odor pleasing to Jehovah. 10 For a bullock thou 

shalt offer as the libation half a hin of wine, as an offering made by fire of an 

odor pleasing to Jehovah. 

§ 200. Showbread, Ex. 25 30 , Lev. 24*-» 
Priestly Codes 

Prep- Ex. 25 30 Thou shalt set showbread on the table before me continually. 
JJJ£ Lev. 24 5 Thou shalt take fine meal, and bake twelve cakes of it; two- 

and re_ tenths of an ephah shall be in each cake. 6 Thou shalt set them in two rows, 

newal r 

1 Lev. 2 13 Lit., every offering of thy cereal-offering. 

m Lev. 2 13 Lit., salt of the covenant. 

■ Lev. 2 14 Or, grits (i. c, crushed grain) and fresh fruit. 

§ 199 The references in the early Ephraimite prophetic narratives to libations indicate that 
they also were early forms of offering. Like the cereal-offerings they were originally presented 
independently. The Mishna speaks of a votive or voluntary offering of wine, cf. Mendhdth, 
12, also of oil; but the priestly laws provide that the libation be used only with private gifts 
which include animal sacrifices. 

° Nu. 15 5 (ik. acids, thou shalt make this offering as a pleasant odor to Jehovah. 

§ 200 Loaves of bread were placed before the pods in ancient Babylonia and Egypt. The 
institution also goes back to the beginnings of Heb. history, as the reference in I Sam. 21 6 in- 
dicates. The later Jewish writinps throw further light upon the post-exilic usage. The 
loaves were made of flour and water, without leaven and were shaped like a brick, seven fingers 
thick and ten handhreadths long and five wide. They were then piled on two trays, six loaves 
on each. When changed, care was taken that bread was always left on the table. 

244 



SHOWBREAD [Lev. 24 6 

Priestly Codes 

six in a row, on the table of pure p gold before Jehovah. 7 Thou shalt put 
pure frankincense on each row, that it may serve as a memorial of the bread, 
an offering made by fire to Jehovah. 8 Every sabbath day the priest shall 
arrange it before Jehovah regularly, on behalf of the Israelites in token of 
an everlasting covenant. 9 It shall belong to Aaron and his sons; and they 
shall eat it in a holy place, for it is the most holy to him of the offerings made 
by fire to Jehovah, an everlasting due. 

§ 201. Sacred Lamps and Incense, Lev. 24»-« [27 2 °. ", Lev. 10i-'], Ex. 30'-» 

Priestly Codes 

Lev. 24 1 Jehovah spoke thus to Moses, 2 Command the Israelites, that Care 
they bring to thee pure oil of beaten olive for the light, that the lamps may f amp | 
be lighted * each day. 3 Outside the curtain of the testimony, in the tent of 
meeting, shall Aaron keep it in order from evening to morning before Je- 
hovah continually; it shall be a statute forever throughout your generations. 
4 He shall arrange the lamps on the lampstand of pure 1 " gold before Jehovah 
each day. 

Supplemental Priestly Codes 

Ex. 30 7 0n the altar of incense Aaron shall burn incense of sweet spices; Daily 
each morning, when he taketh care of the lamps, he shall burn it. 8 When J,"„ 3e 
Aaron lighteth s the lamps towards evening, he shall burn it as a perpetual 
incense before Jehovah throughout your generations. 9 Ye shall offer no 
strange incense on it, nor burnt-offering, nor cereal-offering, and ye shall pour 
no libation on it. 

p Lev. 24 6 Heb., pure table. 

§ 201 Incense appears to have been introduced at a late period into the Jewish ritual. 
There are no clear traces of it before the exile. Then it became a regular accompaniment 
of every private offering, except that of the poor man. It was also, like the sacred lamp, a 
regular element in the daily service of the temple. Lev. 10 1-7 contains a traditional precedent 
illustrating the divine judgment upon those who depart from the rules laid down for the in- 
cense offering. Lev. 27 50 - 2l repeats the law of 24 1 - 4 . 

« Lev. 24 2 Or, be set in their places; lit., to cause a lamp to ascend continually. 

r Lev. 24 4 Lit., pure lampstand. 

8 Ex. 30 8 Or, setteth in their places; lit., causeth to ascend. 



245 



Lev. 22 21 ] THE DIFFERENT KINDS OF OFFERINGS 

II 

THE DIFFERENT KINDS OF SACRIFICIAL OFFERINGS 

§202. Peace-offerings, Lev. 23» 19 5 8 , 8 l - 816 , 7 nu tl519] - 20 - 21 . 28 " 32 

Holiness Code 
From Lev. 22 21 Whoever bringeth a sacrifice of peace-offerings to Jehovah 

herd as a votive-offering or as a voluntary offering, from the herd or the flock, 

it must be perfect to be accepted; there must be no blemish in it. 
Rules Lev. 19 5 When ye offer a sacrifice of peace-offerings to Jehovah, ye 
eating sh&U offer it so that ye may be accepted. G It shall be eaten the same day ye 
offer it or on the following day; and if any of it remain until the third day, 
it shall be burnt with fire. 7 If it be eaten on the third day, it is refuse; it 
shall not be accepted; 8 but every one who eateth it shall be held guilty, a 
because he hath profaned Jehovah's holy thing; that person shall be cut off from 
his people. 

Priestly Codes 

Lev. 3 1 When a man's gift is a sacrifice of peace-offerings, b if he bring 

it from the herd, whether male or female, he shall offer one that is without 

blemish before Jehovah. 
Ritual 6 If his gift as a sacrifice of peace-offerings to Jehovah be from the flock, 
ifh e r ° m a male or a female, he shall offer it without a blemish. 7 If he bring a lamb 
flock . — _ 

Different Kinds of Sacrificial Offerings. — The present classification is based on the occa- 
sion or object of the different kinds of sacrificial offerings. No classification of the various types 
of sacrifice is entirely satisfactory because of their complexity. Some were used only by 
private individuals, others only for public sacrifices, and others were both public and private. 
Among the private sacrifices were the peace-offerings, the sin- and guilt-offerings, thank- 
offerings, special gifts, libations and incense. The public sacrifices included the daily holo- 
causts and accompanying offerings, the showbread, incense, the offerings on the sabbath, 
feast days and special occasions, the yearly sin-offering, the scape goat, the red cow and the 
sacrificial sin-offerings at the consecration of priests or the altar. The public sacrifices con- 
sisted simply of burnt- and sin-offerings, with occasional peace-offerings. 

§ 202 Peace-offerings were the most common kind of private sacrifices. They are men- 
tioned frequently in the earlier O.T. writings, e. <;.. Ex. 32°, I Sam. 10 8 , II Sam. 6 17 - 18 , 24", 
I Kgs. 3 15 , 9 25 . The same kind of sacrifices were also known to the Phoenicians, cf. Appendix 
VIII. The exact meaning of the ileb. word is not known. It was probably inherited from 
the Canaanites. In the (ik. translation of the historical books and in the versions of Aquila, 
Symmachus and Theodotion it is derived from the verb meaning, to be whole, safe, and is 
connected with the corresponding noun, peace; hence the current translation, peace-offerings. 
The underlying conception seems to be that they were offerings intended to establish harmo- 
nious relations between the Deity and the individual offerer. The same kind of offerings (shulmu) 
are also frequently referred to in the Bab. texts, and many passages throw light upon the cur- 
rent ideas. The following extracts from ancient prayers are to the point: Accept the gift he 
brings, receive his ransom money; let him walk before them on the ground of peace (shulme) 
4 R. 54' 7 or, May the man afflicted with fever be purified like shining metal by means of a gracious 
peace-offering, K. 246. * 

Adoration, praise, thanksgiving, the desire for physical healing or forgiveness, all found 
expression in ancient times through the peace-offering. It is prayer expressed in the terms of 
the ritual. In keeping with this idea we find the peace-offerings sometimes especially desig- 
nated as voluntary offerings, votive-offerings, and thank-offerings, to which the Rabbis added 
the pilgrimage or festal sacrifices, which were offered when the people resorted to the sanct- 
uary at the annual feasts. 

14 I^ev. 19 8 Lit., shall bear [the consequences of] his iniquity. 

b Lev. 3 1 The laws in 3 and 7 were originally found in the collection of priestly directions, 
cf. Introd., p. 44. 

I^ev. 3 1 Cf. § 196. The method of procedure in offering an animal from the herd was the 
same as with a lamb 

•216 



PEACE-OFFERINGS [Lev. 3? 

Priestly Codes 

as his offering, he shall present it before Jehovah; 8 he shall lay his hand on 
the head of his offering, and kill it before the tent of meeting, and Aaron's 
sons the priests shall dash the blood against the altar round about. 9 Then 
he shall present from the sacrifice of peace-offerings, as an offering made by 
fire to Jehovah, the fat of the lamb, the fat tail entire, which he shall remove 
close to the back-bone, and the fat that covereth the entrails, and all the fat 
that is about the entrails, 10 and the two kidneys, and the fat that is on them, 
near the loins, and the fatty mass next to the liver, which mass he shall remove 
as far as the kidneys. d n Then the priest shall burn it on the altar; it is the 
food given as an offering made by fire to Jehovah. 

12 If his gift be a goat, then he shall present it before Jehovah; 13 he shall If of- 
lay his hand on its head and kill it before the tent of meeting; and Aaron's £™ g 
sons, the priests, shall dash the blood against the altar round about. e 14 Then s° at 
he shall offer from it his gift, as an offering made by fire to Jehovah : the fat 
that covereth the entrails, and all the fat that is about the entrails, 15 and the 
two kidneys, and the fat that is on them, near the loins, and the fatty mass 
next to the fiver, which mass he shall remove as far as the kidneys. 16 The 
priest shall burn them on the altar; it is the food given as an offering made 
by fire, of a pleasant odor; f all the fat belongeth to Jehovah. 

7 n This is the law concerning the sacrifice of peace-offerings which one Ritual 
may offer to Jehovah : 12 If he offer it as a thank-offering, he shall offer with seJJJId 
the sacrifice of thanksgiving unleavened cakes mixed with oil, and unleavened a f a , 
wafers smeared with oil, and cakes mixed with oil, of fine meal well mixed; offering 
13 with cakes of leavened bread in addition to the sacrifice of his peace-offerings 
which are given as a thank-offering, shall he present his gift. 14 And out of 
his offering he shall present one cake of each kind as a contributions to 
Jehovah; it shall belong to the priest who dasheth the blood of the peace- 
offerings. 

20 A person who eateth of the meat of the sacrifice of peace-offerings, which Penalty 
belong to Jehovah, while he is unclean, h shall be cut off from his own people, gating 
21 When any one toucheth any unclean thing, the uncleanness of man, or any whe . n 

J J . & • , , ipi unclean 

unclean beast, or any unclean swarming creature, 1 and then eateth ot the 
meat of the sacrifice of peace-offerings, which belong to Jehovah, that one 
shall be cut off from his own people. 

28 Jehovah gave this command to Moses, 29 Say to the Israelites, ' He who Dis- 
sacrificeth his peace-offerings to Jehovah shall bring his gift to Jehovah out J? the 
of the peace-offeringsJ which he sacrificeth; 30 with his own hands he shall Pj*®*" 
bring the offerings to be made by fire to Jehovah; the fat with the breast 
shall he bring, that the breast may be waved as a wave-offering before Je- 



d Lev. 3 10 Or, with the kidneys. So 15 . 
• Lev. 3™ Cf. 6 . 

1 Lev. 3 16 Gk. adds, to Jehovah. Possibly the next phrase is a marginal glosa, and the 
sentence should end with the words as an odor pleasing to Jehovah. 

« Lev, 7 14 Lit., something lifted up, and so set apart, a contribution or a reserved portion. 

h Lev. 7 20 Lit., and his uncleanness is on him. 

1 Lev. 7 21 So Syr., Sam., and Targ. Heb. and Gk., detested thing. 

i Lev. 7 29 " 32 These vss. are from a later hand than the preceding. 

247 



Lev. 7 30 ] THE DIFFERENT KINDS OF OFFERINGS 

Priestly Codes 

hovah. k 31 The priest shall hum the Fat on the altar, but the breast shall 
belong to Aaron and his sons. "'-And the right thigh shall ye give to the 
priest as a contribution out of the peace-offerings which ye sacrifice. 

§203. Guilt-offerings, Lev. 19-» ", 5 1 * 19 , 6 lT [Nu. 5 s - 8 ], Lev. 7 M 

Holiness Code 

A Lev. 19 20 If any man lieth carnally with a woman, who is a slave, be- 

3£??L trothed to another man, but who hath in nowise been redeemed nor given 

her freedom, there shall be a judicial inquiry, but they shall not be put to 

death, because she was not free. 



offence 



Priestly Codes 
Its ex- Lev. 19 21 The man shall bring his guilt-offering to Jehovah, to the 
piation entrance f the tent of meeting, a ram as a guilt-offering; 22 and the priest 
shall make atonement for him with the ram of the guilt-offering before Je- 
hovah for his sin which he hath committed ; and the sin which he hath com- 
mitted shall be forgiven him. 
Of fail- 5 14 Jehovah spoke thus to Moses : 15 If any one commit a treacherous act, 
™ e [° and sin inadvertently with respect to the holy things of Jehovah, 1 he shall 
thede- bring from the flock as his guilt-offering to Jehovah, a ram without blemish, 
ofthe 8 according to thy valuation, by the shekel of the sanctuary, as a guilt-offering; 
ritual i6b e shall a i so make restitution for his sin in connection with the holy thing, 
and shall add a fifth to the amount, and give it to the priest. Then the 
priest shall make atonement for him with the ram of the guilt-offering, and 
he shall be forgiven. 
Expia- 17 lf any one sin, m by doing any of the things which Jehovah hath for- 
J.f'any bidden, n even without being aware of it, yet is he guilty and shall bear the 
offence consequences of his iniquity. 18 He shall bring to the priest a ram without 
blemish out of the flock, according to thy valuation, as a guilt-offering 
Then the priest shall make atonement for him on account of the error which 
he hath inadvertently committed without being aware of it, and he shall be 
forgiven. 19 It is a guilt-offering for he is guilty before Jehovah. 



k Lev. 7 30 /. «.. swung toward the altar and back to symbolize the presentation of this 
portion of the offering to Jehovah, and his return of it to the priest. Later the term lost the 
original significance which seems to be found here. _ 

§ 203 The guilt-offering appears to be a very ancient institution. According to 1 bam. o 
the Philistines sent back a guilt-offering with the ark to avert the wrath of Jehovah, because 
they had desecrated his sacred palladium. The guilt-offerings in II Kgs. 12 16 are paid in money 
to the temple treasury. In the latter passage, as frequently, the guilt- and sin-offerings are 
closely associated. The laws do not make the distinction between the two entirely clear. 
The original object of the guilt-offering appears to have been to make restitution to anyone, 
whether man or God, for the infringement of his rights or for theft or injury to his property. 
The wroim might 1>«- done intentionally or unintentionally. In either case the offender must 
make reparation. If the offence was against the property or rights of another man. restitution 
was due not only to the man wronged but also to Jehovah, whose laws had been disobeyed. 

1 Lev. 5" /. e., by keeping back gifts due to sanctuary and portions due to priests. 

m Lev. 5 171! ' These vss. were taken from the priestly direction-. 

■ Lev. 5 17 Lit., commanded not to be done. . 

° Lev. 5 18 /. e., to be accepted, subject to Moses' estimation of its value, as sufficient. 

248 



GUILT-OFFERINGS [Lev. 6 l 

Priestly Codes 

6 1 Jehovah spoke thus to Moses, p 2 If anyone sin, and break faith with Expia- 
Jehovah, by deceiving his neighbor in regard to a deposit, or a pledge, or unf a i° r 
by robbing or defrauding his neighbor, 3 or if he have found something which dealing 
was lost, and deny it and perjure himself, 4 if by doing any one of these things 

a man hath Mimed and so is guilty, q he shall restore that which he took by 
robbery, or the thing which he obtained by fraud, or the deposit which was 
entrusted to him, or the lost thing which he found, 5 or anything about which 
he swore falsely, he shall restore it in full, and shall add to it a fifth more; he 
shall give it to its rightful owner on the day that he is found guilty. 1 " 6 He 
shall also bring to the priest his guilt-offering for Jehovah, a ram without 
blemish out of the flock, according to thy valuation, as a guilt-offering. 
7 Then the priest shall make atonement for him before Jehovah, and he shall 
be forgiven for whatever he may have done to incur guilt. 

7 1 This is the law concerning the guilt-offering: It is most holy; 2 in the Ritual 
place where they kill the burnt-offering shall they kill the guilt-offering, ^it- 6 
and the priest shall dash its blood against the altar round about. 3 He shall offering 
offer all of its fat : the fat tail, and the fat that covereth the entrails, 4 and the 

two kidneys, and the fat on them near the loins, and the fatty mass next 
to the liver, which mass he shall remove as far as the kidneys. 5 Then the 
priest shall burn them on the altar as an offering made by fire to Jehovah; 
it is a guilt-offering. 6 Any male among the priests may eat of it; it shall be 
eaten in a holy place; it is most holy. 7 The guilt-offering is like the sin- 
offering; there is one law for both; the priest who maketh atonement with 
it shall have it. 



§ 204. Sin-offerings, Lev. 5 113 , Nu. 15 22 - 31 , Lev. 4 131 [ 32 - 3S , 9 U ], 8 1 *- ls [10 18 - 20 ], 6 2 *- 3: > 

Priestly Codes 

Lev. 5 x If any one sin, when under oath as a witness, by failing to give Private 
information concerning what he hath seen or known, he shall bear the con- J^JjJJ! 8 
sequences of his iniquity. 2 Or if any one touch any unclean thing, either the in s sin- 
carcass of an unclean beast, or the carcass of an unclean domestic animal, or ings 

p Lev. 6 1 Heb. 5 20 . 

i Lev. 6 4 Heb., in any of all these things by doing which a man sinneth. 

r Lev. 6 5 Or, when he bringeth his guilt-offering; lit., in the day of his guilt. 

§ 204 The designation sin-offering is misleading, for these regulations do not contemplate 
deliberate transgressions of the moral law, but rather provide, (1) for purification in cases of 
ceremonial uncleanness as for example, childbirth or contact with a dead body. The Mishna 
assumes that these offences were committed inadvertently. In the second place the sin-offer- 
ings anticipate certain ignorant or unintentional transgressions of the moral or ceremonial laws. 
They aimed to restore the individual thus defiled to his normal relations with Jehovah and 
the community. 

While they are mentioned in II Kgs. 12 16 , the sin-offerings do not appear to have been 
prominent in the early Heb. ritual. They reflect rather the influence of the exile and the 
growing emphasis on ceremonialism which characterizes later Judaism. In practice these 
laws must have powerfully impressed upon the minds of the people the necessity of conforming 
in every detail to the ritual; and, in turn, they doubtless presented a very definite and acceptable 
way of gaining the sense of divine approval. The later supplements provide that less expen- 
sive offerings may be presented by the poorer members of the community. The late law of 
Lev. 4 also prescribes the ritual to be observed for the cleansing of the community; Lev. 9 
contains a traditional precedent, which belongs to the priestly groundwork, 

249 



Lev. S 2 ] T1IE DIFFERENT KINDS OF OFFERINGS 

Priestly Codes 

the carcass of an unclean swarming creature, s and the fact be hidden from 
him, if later he become aware of it, 1 and so become guilty;" 3 or if he touch the 
uncleanness of man, whatever it be, v and the fact be hidden from him; if later 
he become aware of it, and so become guilty; 4 or if any one swear rashly with 
his lips whether to do evil or to do good, in any case w where a man uttereth a 
rash oath, and the fact be hidden from him; if later he become aware of'it, and 
so become guilty in a case of this sort, Svhen he hath incurred guilt through 
any one of these causes, he shall confess the sin which he hath committed. 6 He 
shall bring to Jehovah as the penalty for the sin which he hath committed, x a 
female lamb or goat from the flock as a sin-offering, and the priest shall make 
atonement for him on account of his sin. 
Poor 7 If he cannot afford a lamb, a he shall bring to Jehovah as the penalty 

offering f° r tne sni which he hath committed, two turtle-doves or two young pigeons, 
one as a sin-offering and the other as a burnt-offering. 8 He shall bring 
them to the priest, who shall offer that which is for the sin-offering first, 
and nip off its head at the neck, without wholly severing it. 9 He shall 
sprinkle some of the blood of the sin-offering against the side of the altar, 
and the rest of the blood shall be drained out at the base of the altar; it is a 
sin-offering. 10 Then he shall offer the second as a burnt-offering, according 
to the ordinance. 15 Thus the priest shall make atonement for him on account 
of the sin which he hath committed, and he shall be forgiven. 
For n But if he cannot afford two turtle-doves or two young pigeons, he shall 

ex-^ bring as his offering for the sin which he hath committed, a tenth of an ephah 
tremely f fi ne m eal as a sin-offering, without pouring any oil on it, or laying any 
frankincense on it, for it is a sin-offering. 12 He shall bring it to the priest, 
and as a memorial the priest shall take a handful of it, and burn it on the 
altar, upon the offerings of Jehovah made by fire; it is a sin-offering. 13 Thus 
the priest shall make atonement for him on account of the sin which he hath 
committed through any of these causes, and he shall be forgiven; and the 
rest shall belong to the priest, just as in the case of the cereal -offering. 
For of- Nu. 15 22 When ye err, and fail to do any of these commands, which 
oFthe Jehovah hath spoken to Moses, 23 even all that Jehovah hath commanded 
com- vou through Moses, from the day that Jehovah gave command, and onward 
through your generations, 24 then if the sin be committed inadvertently, 
without the knowledge of the congregation, all the congregation shall offer 
one young bullock as a burnt-offering, of an odor pleasing to Jehovah, 
together with the accompanying cereal-offering and libation, according to 
the ordinance, and one male goat as a sin-offering. 25 Then the priest shall 
make atonement for all the congregation of the Israelites, and they shall be 
forgiven; for it was an error, and they have brought their gift, an offering 

a Lev. 5 2 The Gk. omits the remainder of this vs. It is probably a gloss. 

1 Lev. 5 2 Heb., and he is unclean. But cf. 3b ' 4b . 

u Lev. 5 2 Or, when he becomes aware of it he shall be ffuiliy. So 3 > *. 

v Lev. 5 3 Lit., his uncleanness with which he is unclean. 

w Lev. 5 4 /. €., any sort of rash oath. 

x Lev. 5 6 So 7 ; elsewhere translated, guilt-offering. 

* Lev. 5 9 Lit., if his hand do not reach enough for a lamb. 

b Lev. 5 10 /. e., the manner prescribed in l ly ff . 

250 



SIN-OFFERINGS Nu. 15 25 

Priestly Codes 

made by fire to Jehovah, and their sin-offering before Jehovah, for their 
error. 26 Thus all the congregation of the Israelites shall be forgiven and 
the alien who resideth among them, for all the people are answerable for 
what is done inadvertently. 

27 If a person sin inadvertently, he shall offer a female goat a year old as a Same 
sin-offering. 28 The priest shall make atonement before Jehovah for the J^ve 1 " 
person who erreth, when he sinneth inadvertently, to atone for him, and bom 
he shall be forgiven. d 29 Ye shall have one law for him who sinneth e inad- ident 
vertently both for him who is native born among the Israelites and for the alien 
alien who resideth among them. 30 But the person who sinneth presumptu- 
ously/ whether he be native born or a resident alien, the same blasphemeth 
Jehovah; that person shall be cut off from among his people. 31 Because he 
hath despised the word of Jehovah and hath broken his command, that 
person shall be utterly cut off; he shall bear his punishment. 

Supplemental Priestly Codes 

Lev. 4 1 Jehovah gave this command to Moses : 2 Speak thus to the Israel- Sin-of- 
ites, ' When any one sins inadvertently, by doing any one of the things which f o™ ° g 
Jehovah hath forbidden, g 3 if it be the anointed priest who hath sinned, so as hi ? h t 
to bring guilt on the people, he shall offer to Jehovah for the sin which he 
hath committed, a young bullock without blemish as a sin-offering. 4 He shall 
bring the bullock to the entrance of the tent of meeting before Jehovah, and 
shall lay his hand on the head of the bullock, and kill the bullock before 
Jehovah. 5 Then the anointed priest shall take some of the blood of the 
bullock, and bring it into the tent of meeting; 6 and the priest shall dip his 
finger in the blood, and sprinkle some of the blood seven times before Je- 
hovah, before the curtain of the sanctuary. 7 The priest shall put some of 
the blood on the horns of the altar of sweet incense, which is before Jehovah 
in the tent of meeting. 8 A11 the fat of the bullock of the sin-offering he shall 
take away from it: the fat that covereth the entrails, h and all the fat that is 
about -the entrails, 9 and the two kidneys, and the fat that is on them, near the 
loins, and the fatty mass next to the liver, which mass he shall remove as 
far as the kidneys, 10 as it is taken away from the ox in sacrificing peace- 
offerings; and the priest shall burn 1 them on the altar of burnt-offering. 
n The hide of the bullock, and all its flesh, with its head, and its legs, and its 
entrails with their contents, 12 even the whole bullock shall be carried^ forth 
outside the camp to a clean place, where the ashes are thrown out, and he 
shall burn it on wood with fire; where the ashes are thrown out shall it be 
burnt. 

13 And if the whole congregation of Israel err inadvertently, and their error 

c Nu. 15 26 Lit., for to all the people [belongeth what was committed] in error. 

d Nu. 15 28 The Gk. omits the last clause. 

e Nu. 15 29 Heb., doeth. 

i Nu. 15 30 Lit., doeth with a high hand. 

e Lev. 4 2 Lit., commanded not to be done. So 22 - 27 . 

h Lev. 4 8 The remainder of 8 and 9 is possibly a gloss. 

1 Lev. 4 10 Heb., cause them to ascend in smoke. 

i Lev. 4 12 Heb., shall he carry. 

251 



Li-:v. -I 13 ] THE DIFFERENT KINDS OF OFFERINGS 

Supplemental Priestly Codes 

For the be hid from tin* eyes of the assembly, and if they have done any of the things 
imuiity which Jehovah hath forbidden and so become guilty, i4 \vhen the sin which 
they have committed is known, the assembly shall otter a young bullock as a 
sin-offering, and bring it before the tent of meeting. 15 And the elders of 
the congregation shall lay their hands on the head of the bullock before Jeho- 
vah, and one of them shall kill the bullock before Jehovah. 16 And the 
anointed priest shall bring some of the blood of the bullock to the tent of 
meeting, 17 and the priest shall dip his finger in the blood and sprinkle it 
seven times before Jehovah, before the veil. 18 And he shall put some of the 
blood on the horns of the altar which is before Jehovah, in the tent of meet- 
ing; but all the rest of the blood he shall pour out at the base of the altar 
of burnt-offering, which is at the entrance of the tent of meeting. 19 And 
all the fat of the bullock he shall separate from it, and burn it upon the altar. 
20 Thus shall he do with the bullock; as he did with the bullock of the sin- 
offering, so shall he do with this; and the priest shall make atonement for 
them, and they shall be forgiven. 21 And the bullock shall be carried out of 
the camp and burnt, as the first bullock was burnt; it is a sin-offering for 
the assembly. 
For a 22 When a ruler sinneth, and is guilty of doing any one of the things which 
er Jehovah his God hath forbidden and so is guilty, 23 if his sin, which he hath 
committed, be made known to him, he shall bring for his gift a male goat 
without blemish. 24 And he shall lay his hand on the head of the goat, and 
kill it in the place where they kill the burnt-offering before Jehovah ; it is a sin- 
offering. 25 And the priest shall take some of the blood of the sin-offering with 
his finger and put it on the horns of the altar of burnt-offering, and the rest of 
the blood he shall pour out at the base of the altar of burnt-offering; 26 and 
all the fat shall he burn on the altar, as the fat of the sacrifice of peace-offerings. 
Thus the priest shall make atonement for him on account of his sin, and he 
shall be forgiven. 
For a 27 If any one of the common people k sin inadvertently, by doing any of 
mATvid- tne things which Jehovah hath forbidden, and so become guilty, 28 and later 
ual his sin, which he hath committed, be made known to him, he shall bring as 
his offering a goat, a female without blemish, for his sin which he hath com- 
mitted. 29 He shall lay his hand on the head of the sin-offering, and kill the 
sin-offering at the place where the burnt-offering is killed. 30 Then the priest 
shall take some of the blood with his finger, and put it on the horns of the altar 
of burnt-offering, and all the rest of the blood shall he pour out at the base 
of the altar. 31 And all the fat shall he take away, as the fat is taken away 
from the sacrifice of peace-offerings; the priest shall burn it on the altar as an 
odor pleasing to Jehovah. Thus the priest shall make atonement for him, 
and he shall be forgiven.' 1 
For the Lev. 8 14 Then the bullock of the sin-offering was brought, and Aaron 
jJJJJ" 1 y " and his sons laid their hands on the head of the bullock of the sin-offering; 
of the i^and Moses slew it, and took the blood, and put it on the horns of the altar 

k Lev. 4-' 7 Heb., people of the land. 

1 Lev. 4 31 The law in 32 - 3& gives the same directions in case the sacrificial victim is a lamb. 

252 



SIN-OFFERINGS [Lev. 8" 

Supplemental Priestly Codes 

round about with his finger, and so purified the altar from sin, and poured 
out the rest of the blood at the base of the altar and so consecrated it, making 
atonement for it. 

Priestly Codes 

Lev. 6 24 Jehovah said to Moses : Speak to Aaron and to his sons, and Dis- 
say to them, ' This is the law of the sin-offering : In the place where the burnt- ofthe 
offering is killed shall the sin-offering be killed before Jehovah; it is most si "- . 
holy. 26 The priest who offers it for sin shall eat it; in a holy place shall it be 
eaten, in the court of the tent of meeting. 27 Whoever toucheth the flesh of it 
shall become holy ; and if any of the blood of it shall be sprinkled on a gar- 
ment, thou shalt wash the garment thus sprinkled in a holy place. 28 And 
every earthen vessel in which the flesh hath been boiled shall be broken; 
and if it be boiled in a bronze vessel, this shall be scoured, and rinsed with 
water. 29 Any male among the priests may eat of it; it is most holy. m 30 And 
no sin-offering, of which any of the blood is brought into the tent of meeting to 
make atonement in the holy place, shall be eaten; it shall be burnt with fire> 

§ 205. The Yearly Sin-offering, Nu. 16 2 «- 34 » i»-»i 
Priestly Codes 

Nu. 1 6 29 It shall be an everlasting statute for you : On the tenth day of Ritual 
the seventh month, ye shall afflict yourselves, and shall do no work at all, cieans- 
whether it be the native born or the alien who resideth among you; 30 for on ln ^ f j° e r 
this day shall atonement be made for you, to cleanse you; ye shall be cleansed and 
from all your sins before Jehovah. 31 It is a sabbath of complete rest for you, UJ C u " 
and ye shall afflict yourselves; it is a statute forever. 32 And the high priest 
who shall be anointed and installed as priest in his father's place shall make 
the atonement, and shall put on the holy linen garments; 33 and he shall 
make atonement for the holy sanctuary; and he shall make atonement for 
the tent of meeting, and for the altar; and he shall make atonement for the 
priests, and for all the people of the assembly. 34a And this shall be an ever- 
lasting statute for you, that atonement be made for the Israelites because of 
all their sins once every year. 

§206. The Red Cow, Nu. 19 113 [ 1422 , 31 21 - 2 <] 
Supplemental Priestly Codes 

Nu. 19 1 Jehovah spoke thus to Moses and Aaron: 2 This is the statute Prep- 
of the law which Jehovah hath commanded, 'Speak to the Israelites, that oPthe" 

— — — water 

10 Lev. 6 24 - 29 The basis of this law is the earlier priestly directions. of 

■ Lev. 6 30 This vs. is an awkward addition to the preceding law. cleans- 

§ 205 For the detailed ceremony to be observed on the great day of of atonement, cf. § 221. mg 
§ 206 This rite, like the kindred one in Dt. 21 J- 5 , § 181, is evidently very old. In both 
cases the role of the priest is unimportant. He has evidently been introduced by the later 
lawgivers to give a deeper religious significance to the institution. Originally private individ- 
uals probably attended to all the details. The belief that a corpse brought ceremonial de- 
filement to all with which it came in contact was widely held by primitive peoples, cf. § 181. 
Hos. 9 4 , as well as the law of Dt. 21 1 " 5 , indicates that the early Hebrews shared it. In the 

"Nu. 19 2 Heb., speak thou; Moses alone is addressed and Aaron is disregarded. The 
plural subject is resumed in 3 , but the Gk. has the singular. 

253 



Nu. 19 2 ] THE DIFFERENT KINDS OF OFFERINGS 

Supplemental Priesthj Codes 

they bring thee a red cow, 1 ' faultless in which there is no blemish, and upon 
which a yoke hath never come. 3 And ye shall give her to Eleazar q the priest, 
and she shall be taken outside the camp and be slain before him; 4 and Eleazar 
the priest shall take some of her blood with his finger, and sprinkle it toward 
the front of the tent of meeting seven times. 5 Then the cow shall be burnt 
in his sight; her hide and her flesh, and her blood/ with her dung, shall he 
burn. 6 And the priest shall take cedar wood, hyssop, 8 and scarlet thread, 
and cast them into the midst of the burning carcass of the cow. 7 Then the 
priest shall wash his clothes and bathe his flesh in water, and afterwards he 
shall come into the camp, and the priest shall be unclean until evening. 
8 And he that burneth her shall wash his clothes and bathe his flesh in water, 
and shall be unclean until evening. 9 And a man ceremonially clean shall 
collect the ashes of the cow and lay them up without the camp in a clean 
place; and it shall be kept for the congregation of the Israelites as a water 
for the removal of impurity; it is a means of removing sin. 10 And he who 
collecteth the ashes of the cow shall wash his clothes, and be unclean until 
the evening; and it shall be for the Israelites and the alien who resideth among 
them, a statute forever. 
Its use n He that toucheth the dead, even any human corpse, shall be unclean 
seven days; 12 that one must purify himself therewith on the third day and on 
the seventh day, and so become clean; but if he do not purify himself the 
third day and on the seventh, he will not become clean. 13 Every one who 
toucheth a dead person, the corpse of any man who may have died, and 
doth not purify himself, defileth the dwelling of Jehovah. That person shall 
be cut off from Israel; because the water for impurity was not thrown over 1 
him, he shall be unclean; his uncleanness is yet upon him. 

older and yet in many respects parallel regulation of Dt. 21, moral as well as ceremonial guilt 
is assumed; but in both cases a young cow (in Dt., heifer), which has done no work nor borne 
the yoke, is sacrificed. While the institution is evidently very old and may well come from 
an age when it was thought necessary to sacrifice to the spirit of the dead lest he take vengeance 
upon the living (cf. Bewer in JBL XXIV., 1 pp. 41-44), the law in Nu. 19 1 " 13 reveals the marks 
of late priestly adaptation. Its object is purely ceremonial cleansing. The sacrifice takes 
the form of a whole burnt-offering. Cedar wood, hyssop and scarlet thread, used in the cleans- 
ing of lepers, Lev. 14, are added to the mixture. These may be simply symbolic, or may 
represent primitive survivals or later importations. 

The closest parallel to the rite as a whole is the Roman custom of using the ashes of 
calves in lustration, Ovid, Fast. IV. 639, 725, 733. Cows' urine was also frequently employed 
in India for ceremonial purification, cf. Gray, Numbers, 246, 247. Red oxen were required 
for certain sacrifices by the Egyptians. It seems clear that in this law several primitive motifs 
have been combined and adapted by the priestly lawgivers to the higher religious ends. The 
exact meaning of all the symbolism is not certain. The final product, the water for the removal 
of impurity, contained and therefore represented sacrificial blood and flesh and the whole 
burnt-offering, as well as medicating herbs, and therefore symbolized the methods of ceremonial 
purification in vogue in later priestly codes. Aside from the subsequent detailed directions, 
1, -- ) regarding the use of the water of purification in the case of contact with a corpse, cf. 
§ 181, and in the late law regarding the purification of the spoils of war, Nu. 31 23 , § 184, there 
is no reference to this rite in the O.T. Hence if ancient, it was only at a later period inserted 
in the Pentateuch. 

p Nu. 19 2 Not necessarily a heifer, as the current translations assume without any support 
in the Heb. 

■' Nu. 19 3 Eleazar, not Aaron, is appointed to this task, for it involves ceremonial pol- 
lution. 

r Nu. 19 s This is the only case in the O.T. law when the blood was burnt; the reason is 
because the ashes were later used for purification, or else it is a survival from a primitive age 
when the blood as well as the flesh was consumed in the burnt-offering. 

B Nu. 19° Hyssop is but a late conjecture of the Talmudists. From I Kgs. 4 33 it may be 
inferred that it was a climbing plant. 

1 Nu. 19 13 The verb means to throw in copious quantifies. 

254 



LEPROSY OFFERING [Lev. 14 2 

§ 207. Leprosy Offering, Lev. 14 2 '• 10 ["-*>]■ ■"■ [ 2 *-32. *8-»2] 
Priestly Codes 

Lev. 1 4 2 This shall be the law of the leper in the day when he is cleansed : Ritual 
he shall be brought to the priest; 3 and the priest shall go out of the camp; cieans- 
and the priest shall look, and if the mark of leprosy be healed in the leper, m « 
4 the priest shall command to take for him who is to be cleansed two living 
clean birds, cedar wood, scarlet, and hyssop; 5 and the priest shall command 
to kill one of the birds in an earthen vessel over running water. 6 He shall 
then take the living bird, the cedar wood, the scarlet and the hyssop, and 
shall dip them and the living bird in the blood of the bird that was killed over 
the running water; 7 and he shall sprinkle the blood seven times upon him 
who is to be cleansed from the leprosy, and shall pronounce him clean; then 
he shall set free the living bird in the open field. 10 And on the eighth day 
the cleansed leper shall take two male lambs without blemish, and one female 
lamb a year old without blemish, and as a cereal-offering, three-tenths of 
an ephah of fine meal mixed with oil, and one log of oil. 

21 And if the cleansed leper be poor, and his means are not sufficient for Poor 
this, he shall take one male lamb as a guilt-offering to be waved, to make JJj&lring 
atonement for him, and one-tenth of an ephah of fine meal mixed with oil 
as a cereal-offering, and a log" of oil, 22 and two turtle-doves or two young 
pigeons, as his means permit; and the one shall be a sin-offering and the 
other a burnt-offering. 23 And on the eighth day he shall bring them for his 
cleansing to the priest, at the entrance of the tent of meeting, before Jehovah. v 

§208. Jealousy Offering, Nu. 5 12 »>. "». *■ 1S - ". n, 23. 24, 2«., 27b, 31 
Priestly Codes 

Nu. 5 12b If a man's wife turn aside and is unfaithful to him, 13a > c and Form 
a man enter into illicit relations with her and it be hid from her husband, and offering 
there be no witness against her and she be not caught in the act, 15 then the 
man shall take his wife to the priest, and shall bring an offering for her, the 
tenth of an ephah of barley meal ; he shall pour no oil upon it nor put frank- 
incense on it for it is a cereal-offering of jealousy, a memorial cereal-offering, 
bringing iniquity to remembrance. 

18 Then the priest shall place the woman before Jehovah, and loosen the Admin- 
hair of her head, and put in her hands the memorial cereal-offering, which J-*™" 
is the cereal-offering of jealousy, and the priest shall hold in his hand the of ^° 
water of bitterness which causeth the curse. 21 Then the priest shall make 
the woman swear with the oath of execration, and the priest shall say to the 
woman, Jehovah make you an execration and an oath among thy people, 
when Jehovah causeth your thigh to fall away, and your body to swell. 

§ 204 For the full details regarding the presentation of the different leprosy offerings, cf. 
§ 179. 

u Lev. 14 21 According to the Rabbis a little less than a pint. 

v Lev. 14 21 " 23 Possibly this provision for the poor man's offering is a later addition. 

§ 208 For the origin and analysis of the law cf. note § 70. 

255 



Nu. 5 23 ] THE DIFFERENT KINDS OF OFFERINGS 

Priestly Codes 

w.uer ~ 3 Then the priest shall write these execrations in a book, and he shall 
ternew w ipe them off into the water of bitterness, 24 mu\ he shall make the woman 
drink the water of bitterness that causeth the curse, so that the water that 
eauseth the curse may enter into her and become bitter. 20a The priest shall 
also take a handful of the cereal-offering, as its memorial-offering, and burn 
it upon the altar. 27b Thus the woman shall become an execration among 
her people. 31 The man shall be free from guilt, but the woman must bear 
her own guilt. 



§209. The Daily Sacrifice, Ex. 293 s --' 2 [Nu. 28»-«], Ex. 30*. « 

Supplemental Priestly Codes 

Mom- Ex. 29 38 Now this is what thou shalt offer upon the altar: two yearling 
fefing lambs regularly each day. 39 One lamb thou shalt offer in the morning, 
and the other lamb thou shalt offer towards evening; 40 and with the one 
lamb a tenth of an ephah of fine meal mixed with the fourth of a hin of beaten 
oil, and the fourth of a hin of wine as a libation. 
Even- 41 The other lamb thou shalt offer towards evening, and shalt deal with it 
fefing as with the cereal-offering of the morning and its libation, as a pleasant 
odor, an offering made by fire to Jehovah. 42 It shall be a regular burnt- 
offering throughout your generations at the entrance of the tent of meeting 
before Jehovah, where I will meet with thee, w to speak there to thee. x 
Incense Ex. 30 7 On the altar of incense Aaron shall burn incense of sweet spices; 
lamps eacn mornm g> when he taketh care of the lamps, he shall burn it. 8 When 
Aaron lighteth the lamps towards evening, he shall burn it as a perpetual in- 
cense before Jehovah throughout your generations. 



§ 209 Neh. 10 23 seems to imply that in the days of Ezra and Nehemiah but one animal 
was offered daily. Before the exile the daily offering consisted of a burnt-offering in the 
rooming and a cereal-offering in the evening, II Kgs. 16 15 . Ezek. assigns both of these offerings 
to the morning. The Chronicler, however, speaks of two burnt-offerings, I Chr. 16 40 , II Chr. 
13", 31 3 . It would appear that the double offering was introduced some time after 400 B.C. 
and that these laws, therefore, belong to the latest supplements to the priestly codes. 

• Ex. 29< 2 So Gk., Syr., and Sam. Heb., you. 

* Ex. 29 42 Gk., reveal myself to you. 



256 



THE SABBATH [Ex. 34 21 

I 

The Pre-Exilic Sacred Calendar 

§ 210. The Sabbath, Ex. 3V\ 23 12 [20«-»l Dt. 5 12 -" 
Primitive Codes 

Ex. 34 21 Six days shalt thou work, but on the seventh day thou shalt Sev- 
rest; in plowing time and in harvest thou shalt rest. §ay of 

rest 

The Pre-Exilic Sacred Calendar. — The external religious life of most peoples of an- 
tiquity centred about certain great festivals. This fact is especially true of the Semitic na- 
tions. In the earliest days the festivals were supremely significant, since they represented 
the united worship of the family or tribe or nation. Through them the bond between the 
different members of the community was strengthened by social intercourse and common 
feasting, merrymaking and worship. The joyous element was also very prominent. To re- 
joice before Jehovah, is the ordinary idiom used in Dt. to describe a feast. Songs, music, 
dancing, drinking and processions probably all entered into the great sacrificial meals, cf. 
Am. 2 b , 5 21 , Judg. 21 19 . Is. 28 7 ' 8 , I Sam. I 14 . At these times, also, the covenant between 
Jehovah and his people was renewed, as the men and women brought up their gifts as tribute 
to their Divine King. 

In the early period there were three great annual festivals. The oft-reiterated com- 
mand, Three times in the year shall all thy males appear before the Lord Jehovah, the God of 
Israel, belongs to the oldest decalogues. It voices one of the fundamental requirements of 
Israel's primitive faith. In addition to the early festivals, the new moon and the sabbath 
apparently also date from Israel's earliest historical period. The moon, called by the He- 
brews the wanderer, not only fixed by its different phases the calendar, but also seems to have 
occupied a central place in the religion of the primitive ancestors of the Israelites. At Ur 
and Haran, whence the Heb. traditions trace the origin of their ancestors, Sin, the moon god, 
was the chief deity. Even the sacred Mount Sinai bears the name of the moon god. Job 31 26 
refers to the worship of the moon; cf. also Ezek. 8 14 and Is. 3 18 . The new moon festival is 
frequently mentioned in the earliest O.T. books, and was clearly one of the oldest of Israel's 
institutions; it was, in fact, shared with all primitive Semitic peoples. According to I Sam. 
20 4-6 ' 27 - 6i it was celebrated by the clan with sacrificial offerings. II Kgs. 4- 3 indicates that 
it was also made the occasion for visits to the prophets. Am, 8 5 , Is. I 14 and Hos. 2 11 classify 
it with the sabbath and suggest that it was an occasion of merrymaking and cessation from 
labor. Its omission in the pre-exilic laws is probably because the lawgivers were unwilling 
to countenance its rites and associations. Throughout all the pre-exilic laws the divinely 
inspired prophetic endeavor to eliminate the older heathen customs and ideas associated with 
the ancient festivals .and to introduce nobler usages and to give them a more ethical and spiritual 
content is prominently in evidence. 

§ 210 It is very probable that originally the sabbath was connected with the four phases 
of the moon and that, like the feast of the new moon, its background is the primitive moon 
worship, suggested by many of Israel's earliest institutions. Whether the derivation of the 
Heb. word sabbath be traced to the Assyrian, shabatu, to cease, be completed, or the Arabic 
root meaning to cut off, interrupt, it suggests the changing phases of the moon. The division 
of the month into weeks in accordance with the four quarters of the moon was known in many 
parts of the ancient world. Thus the Hindus had such a division, with special sacrifices at 
the new and full moon, cf. Ps. 81 3 . In this connection it is interesting to note that when 
the dates of the Israelitish feasts were definitely fixed the days selected were the full moons. 
The moon itself also establishes the unit seven, for seven days after the first appearance of the 
new moon it is half full, and on the fourteenth it is full. The arbitrary fixing of the sabbath 
at the end of every six days, irrespective of the lunar month, appears to have resulted from 
the strong tendency already observed in the pre-exilic lawgivers to break away from all tra- 
ditions connected with primitive moon worship. 

The week among the Egyptians contained ten days, and there are no clear indications 
of the division of the month into weeks among the Babvlonians. The forbidding of certain 
acts as unlucky on the 7th, 14th, 19th, 21st and 28th of the intercalary month Elul perhaps 
suggests, but certainly does not prove the existence of an institution in Babylonia similar to 
the Heb. sabbath. Furthermore at the time when the Jews came into closest contact with 
the Babylonians, the priestly lawgivers emphasized sabbath observance most strongly as a 
distinctively Israelitish institution. More probably it was inherited from the agricultural 
Canaanites. Ultimately the origin of the sabbath is to be traced back to those nomadic ances- 
tors of the Hebrews and the Canaanites, who paid chief homage to the moon, whose benign 
light guided them in their night journeys over the plains of Northern Arabia. Originally, 
like the new moon, it was doubtless observed as a festival. As a natural sequel came that 
remission of labor which accompanied every ancient feast, cf. Strabo, 3 9 . In the hands of 
Israel's prophetic lawgivers the element of rest was given the first place, and that of worship 
was made secondary, probably because of its heathen associations. Cf. for its later history, 
note §217. 

257 



Ex.23i2] THE pre-EXILIC SACRED CALENDAR 

Prim it ire Cades 

23 12 Six davs shalt tliou do thy work, hut on the seventh thou shalt rest, 
that thine ox and thine ass may have rest, and that the son of thy female 
slave, and the resident alien may be refreshed. 

Deiderorwmic Codes 

Rest Dt. 5 12 Observe the sabbath day, to keep it holy, as Jehovah thy God 

forman commall( ] e( i thee. 13 Six days shalt thou labor and do all thy work, 14 but 
beast t} ie seventh day is a sabbath to Jehovah thy God; in it thou shalt do no work, 
thou, nor thy son, nor thy daughter, nor thy male or female slave, nor thine 
ox. nor thine ass, nor any of thy cattle, nor the alien who resideth within thy 
city, that thy male and female slave may rest as well as thou. 15 Thou shalt 
also remember that thou wast a slave in the land of Egypt, and Jehovah 
thy God brought thee out from there by a mighty hand and an outstretched 
arm; therefore Jehovah thy God commanded thee to keep the sabbath. 

§211. The Passover, Ex. 3^ 2ib , 2318b, 1321-23. 25.27a, Dt. 16 1 * *• < bT 
Primitive Codes 

Dis- Ex. 34 25b The sacrifice of the feast of the passover shall not be left until 

Shet.?- the morning. 

chal 23 ^b^he fat of my feasts shall not remain all night until the morn- 

ing. 
Tradi- 12 21 Then Moses summoned all the elders of Israel and said to 
origin them, Draw out and take lambs from the herds for your families and kill 
of pass- the passover. a 22 And ye shall take a bunch of hyssop, and dip it in the 
blood that is in the basin, and strike the lintel and the two side posts with 

§ 211 As in the case of the modern Christmas festival, the passover in its ultimate form 
represents the fusion of several distinct and fundamentally different elements. At its basis 
probably lies the very ancient and widespread Semitic custom of sprinkling the poles of the 
tent with the blood of a sheep on special occasions in order to protect the occupants from 
pestilence and calamity. In time perhaps this became an established institution, and, pos- 
sibly by the nomadic ancestors of the Hebrews, was associated with the annual spring festival 
at the beginning of summer. This spring festival was the occasion when all the members of 
the clan came together to re-establish the bond with the tribal god. It was characterized 
by the slaughter of a lamb amidst feasting and rejoicing, cf. Barton, Semitic Origins, pp. 110, 111. 
Ex. 10 9 implies that it was already a fixed institution among the Hebrews in Egypt. The 
command in Dt. to celebrate it in the evening and not leave any flesh until the morning also 
suggests that it was originally a lunar feast, coming from a period when che ancestors of the 
Hebrews were moon worshippers. 

When the Hebrews entered Canaan they found smong the Canaanites the corresponding 
agricultural spring festival. In adopting the native civilization and rites, it was natural that 
they should combine the two. For the Canaanite feast cf. § 212. Possibly following the 
example of the Canaanites, the Hebrews added to the passover feast the custom of bringing to 
the sanctuaries the first-born of their herd. In time the original content of the feast was 
forgotten and Israel's religious teachers improved the opportunity to give to the Semitic spring 
festival, with its blended nomadic and agricultural elements, a truly national and religious 
meaning by associating it with the great deliverance from Egypt. This nobler interpretation 
is first clearly formulated in the Deuteronomic codes. In connecting it thus with a definite 
event in Israel's history, the prophetic lawgivers concretely emphasized the dominant note 
of thanksgiving which appears to have characterized the feast from its earliest beginnings. 
For the later modifications, cf. § 218. 

» Ex.12- 1 - 27 The account of the deliverance from Egypt in Ex. 1221-23, with the exception of 
a few obvious editorial additions, appears to come from the early Judean prophetic narratives, 
cf Vol. I, note § 71. Vss. 2 '>-27a ) which trace the origin of the passover to the deliverance from 
Egypt, have the striking literary characteristics and ideas of the Deuteronomic school of writers, 
cf. it with Ex. 13 3 and Dt. 6 1U , Hi 1 . *•-'. 

258 



THE PASSOVER [Ex. 12 22 

Primitive Codes 

the blood that is in the basin ; but none of you shall go out of the door of his 
house until morning. 23 For Jehovah will pass through to smite the Egyp- 
tians; and when he seeth the blood upon the lintel and on the two side posts, 
Jehovah will pass over the door and will not suffer the Destroyer to come 
into your houses to smite you. 

Deutcronomic Codes 

Ex. 12 25 When ye come to the land which Jehovah will give you, as he 
hath promised, ye shall observe this service. 26 And when your children 
shall say to you, What mean ye by this service? 27a ye shall say, 'It is the 
passover sacrifice to Jehovah who passed over the homes of the Israelites in 
Egypt, when he smote the Egyptians and delivered our houses.' 

Dt. 16 1 Observe the month Abib, b and keep c the passover to Jehovah Time 
thy God; for in the month Abib Jehovah thy God brought thee forth from pf ace 
Egypt by night. d 2 And thou shalt sacrifice the passover to Jehovah thy God, 
both sheep and oxen, at the place where Jehovah shall choose to have his 
name dwell. e 

4b None of the flesh which thou sacrificest the first day at evening shall Method 
remain throughout the night until the morning. 5 Thou mayest not sacrifice Irving 
the passover within any of thy cities, which Jehovah thy God giveth thee; 
6 but at the place where Jehovah thy God shall choose to have his name 
dwell, there thou shalt sacrifice the passover in the evening as the sun goeth 
down, at the fixed time f when thou earnest forth from Egypt. 7 And thou 
shalt cook g and eat it in the place which Jehovah thy God shall choose; then 
thou shalt return home h in the morning. 

§ 212. Feast of Unleavened Bread, Ex. 34 17 - " [23 14 - 15 > «% 13 310 , Dt. 16 3 . «»• « 

Primitive Codes 

Ex. 34 17 Three times in the year shall all thy males appear before the To con- 
Lord Jehovah. 18 The feast of unleavened bread shalt thou keep. Seven {Jgelt * 

b Dt. 16 1 The month Abib means the month of fresh or young ears. It is the ancient 
Heb. name for the month which corresponds to the Nisan (March- April), when the grain in 
Palestine was just beginning to put forth the green heads. 

c Dt. 16 1 Lit., make. 

<* Dt. 16 1 Cf. Ex. 1231. 

e Dt. 16 2 For the prohibition against eating leavened bread, cf. the next section. 

f Dt. 16 6 /. e., the same time in the day. 

k Dt. 16 7 Lit., boil. In Ex. 12 9 the priestly writers prohibit boiling the paschal lamb in 
water. 

h Dt. 16 7 Lit., turn to go to thy tents. 

§ 212 The command to appear three times before Jehovah implies that, if the feast of 
unleavened bread was known to the earliest Heb. lawgivers, it had already been brought into 
close conjunction with the passover, as it is in the later Deuteronomic and priestly codes. 
Such a fusion was in time natural, for both apparently represent the primitive Semitic spring 
festival, the one, as it was observed by the agricultural Canaanites, and the other by the no- 
madic ancestors of the Hebrews. Having fused the two feasts, the Deuteronomic lawgivers 
naturally connect both with the deliverance from Egypt and call the unleavened bread the 
bread of affliction. Among the earlier agricultural inhabitants of Canaan it was evidently 
the first of the three great harvest festivals — the time when the sickle was put to the standing 
grain and the people brought to the Deity the first sheaf of grain, cf. Lev. 23 <J ; possibly also 
cakes of unleavened bread and a sacrificial offering. It would appear that during this busy 
first week of harvest the people had no time or desire to await the slow working of the leaven, 
but gladly ate the bread made quickly from the unleavened dough. Cf. for other parallels. 
Gen. 18 6 19 3 and Josh. 5 11 . Naturally in turn this custom grew into a fixed institution. 

259 



Ex. 34 18 ] THE PRE-EXILIC SACRED CALENDAR 

Primitive Codes 

days thou shalt eat unleavened bread, as I commanded thee, at the time 
appointed in the month Abib; for in the month Abib thou earnest forth 
from Egypt. 

Devteronomic Codes 

Ex. 13 3 And Moses said to the people, 1 Remember this day, in which ye 
came forth from Egypt out of the house of bondage; for by a strong handJ 
Jehovah brought you out from that place; therefore shall no leavened 
bread be eaten. 4 This day ye go forth in the month Abib. 5 And when 
Jehovah shall bring thee into the land of the Canaanites, and the Hittites, 
and the Amorites, and the Hivites, and the Jebusites, which he promised by 
oath to thy fathers to give thee, a land abounding in milk and honey, thou 
shalt keep this service in this month. 6 Seven days thou shalt eat unleavened 
bread, and on the seventh day shall be the feast to Jehovah. 
Itehis- 7 Unleavened bread shall be eaten throughout the seven days; there shall 
sjgnifi- no leaven be seen with thee, nor shall leaven be seen with thee in all thy 
cance territory. 8 And thou shalt tell thy son in that day, It is because of what 
Jehovah did for me when I came forth out of Egypt. 9 And it shall serve as a 
sign to thee upon thy hand, and as a memorial between thine eyes, that the 
law of Jehovah may be in thy mouth ; for with a strong hand Jehovah brought 
thee out of Egypt. 10 Thou shalt, therefore, keep this ordinance at a set 
time from year to year. 
Com- Dt. 16 3 Thou shalt eat no leavened bread with the passover; seven days 

with shalt thou eat unleavened bread therewith, even the bread of affliction, for 
pass- tnou camest forth from the land of Egypt in trepidation, that thou mayest re- 
over member the day when thou earnest forth out of the land of Egypt k all the days 
of thy life. 4a And for seven days no leaven shall be seen with thee in all 
thy territory. 8 Six days thou shalt eat unleavened bread; and on the seventh 
day shall be an assembly to Jehovah thy God; in which thou shalt do no work. 

§ 213. Feast of Weeks or Harvest, Ex. 34 22 », 23 16a , Dt. 16»-" 

Primitive Codes 

At end Ex. 34 22a Thou shalt observe the feast of weeks, even of the firstfruits 
grain of wheat harvest. 

harvest 



Originally the date of this harvest festival was fixed simply by the ripening grain. Hence it 
differed from year to year in different parts of the land. When at length it was closely com- 
bined with the passover feast and was celebrated not at the local shrines but at Jerusalem, a 
definite date became necessary; this is fixed in the exilic and post-exilic codes, cf. § 218. 

' Ex. 13 3 The basis of the law in Ex. 13 3 - 10 was probably found in the early Judean pro- 
phetic narratives. Linguistic evidence and the implications elsewhere in the narrative suggest 
that this originally read, 3a And Moses said to the people, *This day ye go forth in the month 
Abib "Seven days shall ye eat unleavened bread, and on the seventh day shall be a feast to Je- 
hovah In the present text, however, the person has been changed to, thou, possibly under the 
influence of Ex. 34 18 . 

I Ex. 13 3 Lit., strenqth of hand. 

k Dt 16 s Cf. Ex. 12 :t4 - 39. 

§ 213 The feast of weeks or harvest marked the end of the grain harvest. In the primitive 
codes the exact date is not fixed; in the Deuteronomic the date is still determined by the ripen- 
ing of the grain, but that it might be observed at the same time it is to be held seven weeks 
after the feast of unleavened bread. From Ex. 23 ,6a it may be inferred that its oldest name 



260 



FEAST OF WEEKS OR HARVEST [Ex. 23«»» 

Primitive Codes 

23 16a Thou shalt observe the feast of harvest [the feast of] the firstfruita 
of thy labors, which thou hast sown in the field. 

Deuteronomic Codes 

Dt. 16 9 Seven weeks shalt thou number to thee; from the time thou Seven 
beginnest to put the sickle to the standing grain shalt thou begin to number the W fJJ r 
seven weeks. 10 And thou shalt keep the feast of weeks to Jehovah thy God begin- 

. ning of 

according to the measure of the voluntary offering which thy hand shall harvest 
present in proportion as Jehovah thy God blesseth thee. n Thou and thy 
son and thy daughter, thy male and female slaves, and the Levite, who 
dwelleth in thy city, and the resident alien, the fatherless and the widow, 
who live with thee, shall rejoice before Jehovah in the place where Jehovah 
thy God shall choose to have his name dwell. 

§ 214. Feast of Ingathering or Tabernacles, Ex. 34 221 >, 23 16b , Dt. 16"-" 
Primitive Codes 

Ex. 34 22b Thou shalt observe the feast of ingathering at the end of the Har- 
year. home 

Ex. 23 16b Thou shalt observe the feast of ingathering at the end of the 
year, when thou gatherest in the fruit of thy labors from the field. 

Deuteronomic Codes 

Dt. 16 13 Thou shalt keep the feast of tabernacles seven days, after thou A week 
hast gathered in the products of thy threshing-floor and thy winepress. 14 And rejoic- 
thou shalt rejoice in thy feast, together with thy son and thy daughter, thy in & 
male and female slaves, the Levite, the resident alien, the fatherless, and the temple 
widow, who are within thy city. 15 Seven days shalt thou keep a feast to 
Jehovah thy God in the place which Jehovah shall choose; because Jehovah 
thy God will bless thee in all thine increase and in all the work of thy hands, 
and thou shalt be altogether joyful. 16 Three times in the year shall all thy 
males appear before Jehovah thy God in the place which he shall choose : 
at the feast of unleavened bread, and at the feast of weeks, and at the feast 
of tabernacles; and they shall not appear before Jehovah empty-handed; 
17 every man shall give as he is able according to the individual gift with 
which Jehovah thy God hath blessed thee. 

was the feast of harvest. Originally it was doubtless celebrated at the local sanctuaries and 
with great hilarity, cf. Hos. 9 1 - 2 - 5 . Dt. transfers it to the temple at Jerusalem, but still pre- 
serves its joyful character. For the post-exilic laws, cf. § 219. 

§ 214 In the pre-exilic codes the feast of ingathering is distinctly an agricultural feast. 
In its oldest O.T. form it was probably inherited from the Canaanites, but its origin may be 
traced back to the nomadic autumn festival when the Arabs resorted, as they still do, to the 
oases to gather their supply of dates. Its designation in the primitive codes well describes it: it 
was the feast of ingathering at the close of the summer. In spirit it corresponds closely to the 
American Thanksgiving. Its date is left indeterminate in the pre-exilic codes. At first it 
was apparently celebrated for only a day or two and at the local sanctuaries, cf. Judg. 21 19 , 
I Sam. I 3 ; but the Deuteronomic lawgivers extended it to a week and transferred it to the 
temple at Jerusalem. They also designate it as the feast of booths, or following the established 
terminology, of tabernacles. Of the three great feasts it was the most important, coming as 
it did at the close of the year's work. Thus Solomon chose it for the dedication of his temple, 
I Kgs. 8 2 ; 65 . In I Kgs. 12 32 it is stated that Jeroboam arranged that this feast should be 
observed in Northern Israel in the eighth instead of the seventh month, as was the custom in 
Judah. Cf. for its later development, § 222. 

261 



Ex. 23*°] THE PRE-EXILIC SACRED CALENDAR 

§215. Sabbatical Year, Ex. 23 10 - » Dt. 15 1 - 3 , 31 10 " 

Primitive Codes 
Sharing Ex. 23 10 Six years thou shalt sow thy land, and gather in its increase; 
urai at n but the seventh year thou shalt let it rest and lie fallow; that the poor of 
prod- f} lv people may eat; and what they leave the wild beasts shall eat. In like 

manner do with thy vineyard and thy oliveyard. 

Deuteronomic Codes 

Tempo- Dt. 15 l At the end of every seven years thou shalt make a release. 2 And 

mission this is the nature of the release : every creditor shall remit that which he hath 

debt * ent to n * s ne ig n °or; he shall not exact of his neighbor or fellow countryman, 

because Jehovah's release hath been proclaimed. 3 Of a foreigner thou may- 

est exact it ; but whatever of thine is with thy fellow countryman let thy hand 

release. 

Public 31 10 Moses gave the Israelites this command : At the end of every seven 

of a tbe lg years in the year fixed for the release, at the feast of tabernacles, "when all 

law Israel cometh to see the face of Jehovah thy God in the place which he shall 

choose, thou shalt read this law before all Israel. 12 Assemble the people, 

the men and the women and the children, as well as the aliens who reside 

within thy city, that they may hear, and learn, and fear Jehovah your God, 

and faithfully follow all the words of this law. 1 



The Sacred Calendar of the Post-Exilic Hierarchy 

§216. The New Moon, Nu. 28 111 * 
Supplemental Priestly Codes 

Regu- Nu. 28 n On the first days of your months ye shall offer a burnt-offering 
ierings to Jehovah : two young bullocks and one ram, and seven yearling lambs 

5 215 Cf. note § 112. 

' Dt. 31 12 The law referred to is the body of the book of Dt. 

The Sacred Calendar of the Post-Exilic Hierarchy. — The centralization of all wor- 
ship in Jerusalem and the Babylonian exile fundamentally transformed the character of Israel's 
religious festivals. Under the dark shadow of the exile they lost their old joyous nature. 
Guilt- and sin-offerings took the place of the old family feasts and the entire energy of the 
community was devoted to regaining Jehovah's favor through an elaborate ritual. The great 
festivals were also detached from their original close connection with the agricultural occu- 
pations of the people; exact dates were now fixed for each, and nearly the same ritual was 
observed at all of them. Their older origin and meaning was also forgotten and they were 
associated in the later traditions more and more with great national events in Israel's history. 

Not only was the ritual made much more elaborate, but new religious feasts were added, 
cf. Appendix X. This was but the earlier manifestation of a tendency which went on after 
the canon of the law was closed. During the Maccabean period five more festivals were added, 
including the feast of Purim, the feast of Dedication, and the feast of Nicanor. Thus the life of 
Judaism centred more and more about the temple, and the nation lived in the memory of the 
past and devoted its energies to the performance of the demands of its elaborate ritual. 

§ 216 As has already been noted, cf. introd. note on the Primitive Sacred Calendar, § 210, 
the feast of the new moon was one of the oldest institutions among the Hebrews. Originally 
it appears to have been a family feast, celebrated with a clan sacrifice. If the pre-exile law- 
givers deliberately refused to recognize it, because it contained so many heathen customs, 
their effort to set it aside failed. Ezek. provides for worship on the new moon, as well as the 
sabbath, 46'. With the general centralization of worship which resulted from the application 

262 



THE NEW MOON [Nu. 28 11 

Supplemental Priestly Codes 

without blemish, 12 and three-tenths of an ephah of fine meal as a cereal- 
offering, mingled with oil, for each bullock, and two-tenths of an ephah of 
fine meal as a cereal-offering, mingled with oil, for one ram, 13 and a tenth 
of an ephah of fine meal mingled with oil as a cereal-offering for each lamb, 
as a burnt-offering of a pleasing odor, an offering made by fire to Jehovah. 
14 And their libations shall be half a hin of wine for a bullock, and a third of 
a hin for the ram, and a fourth of a hin for the lamb; this is the burnt-offering 
of the new moon to be offered at every new moon throughout the year. 
15 Moreover one male goat shall be offered as an offering to Jehovah, with 
the regular burnt-offering. 

§217. The Sabbath, Lev. ID 3 * [ 30 , 26 2 ], Ex. 31 1214 , 35 1 - 3 , Gen. 2 2 . 3 , 
Ex. 31 1 * 17 , Lev. 23 3 , Ex. 16 22 - 2 *, Nu. 15 323 «, 28<>. 10 
Holiness Code 

Lev. 19 3b Ye shall keep my sabbaths: I am Jehovah your God. To be 

Ex. 3 1 12 Jehovah spoke thus to Moses, a 13 Say thou to the Israelites, ' Ye shall holy 
surely keep my sabbaths; for it is a sign between me and you throughout your 
generations that ye may know that I am Jehovah who am sanctifying you. 
14 Ye shall keep the sabbath, therefore, for it is holy to you; everyone who 
profaneth it shall surely be put to death; for whoever doeth any work in it, 
that one shall be cut off from among his people.' 

Priestly Codes 

Ex. 35 1 Moses assembled all the congregation of the Israelites and To do 
said to them, These are the things which Jehovah hath commanded you m °[ t a 

capital 

of the Deuteronomic law, it ceased in time to be a family feast. Thus transferred to the temple, offence 
it lost its older character and became simply a ceremonial function, observed, as the above law 
directs by the offering of stated sacrifices. That it still occupied a place in the hearts of the 
people is shown by the references in Is. 66 23 and Judith 8 6 . 

§ 217 As has already been suggested in § 210, the sabbath in the most primitive period 
was apparently, like the new moon, a religious festival in honor of the Deity. The prophetic 
lawgivers, however, like the great Prophet of Nazareth, for humane reasons gave the element 
of rest the central position. As in the case of other institutions, the late priestly lawgivers 
revised the primitive ritualistic conception of the sabbath and emphasized the necessity of 
abstaining from labor, not for man's sake but as an element of worship. The later priests 
did not cease until in their traditional precedents, connected as usual with Moses, they had 
made labor on that day a capital offence. In this group of laws we see the first full expression 
of that tendency to make the sabbath a central and saving institution, which later made Judaism 
absurd and filled the Talmud with a vast body of minute and impossible laws. 

Again the conditions of the exile explain why the sabbath, heretofore only one of several 
national festivals, assumed a central place in the post-exilic calendar. All the other religious 
feasts had been by the law of Dt. bound closely to the now destroyed temple and sacred city; 
hence they necessarily, for a time at least, fell into abeyance. The sabbath alone could be ob- 
served by every member of the scattered race, wherever the exile had cast him. The sabbath, 
therefore, met the deep need, which the Jews in this and succeeding periods felt for a definite 
time for worship and communion with Jehovah. It satisfied their religious needs, it kept alive 
their faith, and its observance soon became the distinctive mark of a loyal member of the 
race. For many it stood as the symbol of the ritual as a whole. Little wonder, therefore, 
that it bulks as largely as it does in the literature and thought of earlier Judaism. 

Deeper still, underlying the institution and giving it eternal validity, is the fact that in 
its provision for rest and the recreation of body, mind and soul, it meets a fundamental and 
universal human need. It was the recognition of this absolute need that led Jesus to sweep 
away with one stroke all the traditions and misinterpretations, with which men had covered it, 
and thereby to reveal it in its true character as one of God's supreme gifts to his toiling children. 

* Ex. 31 12 - 14 A very late priestly editor has evidently here made extracts from the Holiness 
Code the basis for a more expanded sabbath law. The later terms and phrases are readily 
recognized. 

263 



Ex. 35 1 ] THE POST-EXILIC SACRED CALENDAR 

Priestly Codes 

to do. 2 Six days shall work be done; but on the seventh ye shall have a 

day consecrated to Jehovah, a sabbath of complete rest; b whoever doeth 

any work in it shall be put to death. 3 Ye shall kindle no fire in any of your 

dwellings on the sabbath. 

The Gen. 2 2 When on the seventh day God had finished his work which he 

exam- na( ^ done, and rested on the seventh day from all his work which he had 

P le done, 3 God also blessed the seventh day and hallowed it; because in it he 

rested from all his work which he, God, had done in the process of creation. 

Supplemental Priestly Codes 

A holy Ex. 31 15 Six days shall work be done, but on the seventh is a sabbath 
of complete rest, holy to Jehovah; whoever doeth any work on the sabbath 
shall surely be put to death. 16 Therefore the Israelites shall keep the sab- 
bath, by observing the sabbath throughout their generations as a perpetual 
covenant. 17 It is a sign between me and the Israelites forever; for in six 
days Jehovah made heaven and earth, and on the seventh day he rested and 
was refreshed. 
Day of Lev. 23 3 Six days may work be done, but on the seventh day is a sabbath 
rest n °f complete rest, a holy religious assembly; ye shall do no work at all; it is a 

sabbath to Jehovah in all your dwellings. 
Tradi- Ex. 16 22 On the sixth day [the Israelites in the wilderness] gathered 
prece- twice as much bread — two omers for each one — and all the rulers of the 
dents: congregation came and told Moses. 23 And he said to them, This is because 
the wil- Jehovah hath commanded, 'To-morrow shall be a day of rest, a sabbath con- 
demess secra t e( ] t Jehovah. Bake that which you wish to bake and boil that which 
you wish to boil; but all that is left over lay up in order to keep it until to- 
morrow.' 24 So they laid it up until the next day, as Moses commanded, 
but it did not become foul, nor were there any worms in it. 25 And Moses 
said, Eat that to-day, for to-day is a sabbath to Jehovah; to-day you will not 
find it in the field. 26 Six days shall you gather it, but on the seventh day, 
the sabbath, there will be none. 
Public Nil. 15 32 While the Israelites were in the wilderness they found a man 
Smaf gathering sticks on the sabbath. 33 Then those who found him gathering 
feeder st ^ c ^ s brought him to Moses and Aaron and to all the congregation. 

34 And they put him in confinement, because he had not clearly explained 

what should be done to him. 35 Jehovah said to Moses, The man shall 

surely be put to death, and the congregation shall stone him outside the 

camp. 36 So all the congregation led him outside the camp and stoned him 

to death, as Jehovah commanded Moses. 

Regu- 28 9 Ye shall offer on the sabbath two yearling male lambs without blemish, 

bath 1 an d two-tenths of an ephah of fine meal as a cereal-offering, mingled with 

offering \\ t anc j j^ s libation; 10 this is the burnt-offering of every sabbath, besides the 

regular burnt-offering and its libation. 

b Ex. 35 2 Heb., a holy day, a sabbath of complete rest to Jehovah; but cf. 16 23 and 31 1S . 
8 Lev. 23 a Lit., a holy calling together. 

264 



THE SABBATH [Lev. 23 10 

§ 218. Feast of the Passover and Unleavened Bread, Lev. 23 10 - 1 *- «-», 

Ex. 12 u13 - * 3 . 4S -*°. i4 - 20 , Nu. 28 16 -- 5 , 9 1 - 1 * 
Holiness Code 

Lev. 23 10 Jehovah said to Moses, Speak to the Israelites and say to them, Date 
*When ye come into the land which I am about to give to you, and reap its method 
harvest, ye shall bring a sheaf of the firstfruits of your harvest to the priest, of °^~ 
n and he shall wave the sheaf before Jehovah that ye may be accepted; on ance 
the day following the sabbath the priest shall wave it. 12 And on the day 
when ye shall wave the sheaf, ye shall offer a male lamb without blemish a 
year old as a burnt-offering to Jehovah. 13 And its cereal-offering shall be two- 
tenths of an ephah of fine meal mixed with oil, d an offering made by fire to Jehovah 
as a pleasant odor; and its libation shall be of wine, the fourth of a hin. 14 And 
ye shall eat neither bread, nor parched grain, nor fresh ears, until that day, 
until ye have brought the offering of your God; it is a statute forever through- 
out your generations in all your dwellings/ 

Priestly Codes 

Lev. 23 4 These are the appointed seasons of Jehovah, the religious Exact 
assemblies in the sanctuary, which ye shall proclaim in their appointed ate 
season. 5 On the fourteenth day of the first month towards evening e is 
Jehovah's passover. 6 And on the fifteenth day of the same month is the 
feast of unleavened bread to Jehovah; seven days ye shall eat unleavened 
bread. 7 On the first day ye shall have a religious assembly at the sanctuary; 
ye shall do no toilsome work. 8 But ye shall bring an offering made by fire 
to Jehovah for seven days; in the seventh day is a holy religious assembly 
at the sanctuary; ye shall do no toilsome work. 

Ex. 12 1 Then Jehovah spoke to Moses and Aaron in the land of Egypt, Manner 
saying, 2 This month shall be to you the beginning of months; it shall be the gating 
first month of the year to you. 3 Speak to all the congregation of Israel the 
saying, 'In the tenth day of this month they shall each provide for themselves over 
a lamb, one for each individual family; 4 and if the family be too small for a 
lamb, then shall he and his next door neighbor take one together, according 
to the number of persons; according to each one's ability to eat shall ye 
make your reckoning for the lamb. 5 Your lamb must be without blemish, 
a male, a year old; ye shall take it from the sheep or from the goats. 6 And 
ye shall keep it until the fourteenth day of the same month; then the whole 



§ 218 The Holiness Code makes no reference to the passover or feast of unleavened bread, 
unless Lev. 23 4 " 8 is an editorial epitome of the older code. The language and representation 
indicate that these vss. in their present form are from one of the authors of the priestly codes, 
cf. Ex. 12 14 -' 20 . In the priestly codes the fusion of the passover and the feast of unleavened 
bread is complete and the date is definitely fixed, as it was in the days of Ezek., on the four- 
teenth day of the first month of the Bab. calendar, i. e., Nisan (March- April). The priestly 
lawgivers abandon the attempt of the Deuteronomic reformers to transfer the feast to Jerusa- 
lem and revert to the older custom of allowing each family to celebrate it at home. In keeping 
with the tendency of the day, they provide, however, that an elaborate sacrificial offering 
shall be offered at the temple each day of the feast. 

d Lev. 23 13 - 14 The original law has evidently been expanded at this point by a later priestly 
editor who was interested in the ritual 

e Lev. 23 5 Lit., between the two evenings, a characteristic expression of the late priestly 
writers. It means either between the time when the sun begins to sink in the west and sunset 
or more probably between sunset and dark. 

265 



Ex. 12 G ] THE POST-EXILIC SACRED CALENDAR 

Priestly Codes 

assembly of the congregation of Israel shall kill it toward evening. 7 And 
they shall take of the blood and put it on the two door-posts and on the lintel 
of the houses in which they shall eat it. 8 And in the same night they shall 
eat the flesh roasted with fire; with unleavened bread and bitter herbs shall 
they eat it. 9 Be sure to eat it neither raw nor boiled in water, but roasted 
with fire, retaining its head with its legs and inwards. 10 And ye shall keep 
nothing of it until morning; but that which remaineth of it until morning ye 
shall burn with fire. 11 And thus shall ye eat it, with your loins girded, your 
shoes on your feet, and your staff in your hand; and ye shall eat it in trem- 
bling haste, it is Jehovah's passover. 12 For I will go through the land of 
Egypt on that night, and smite all the first-born in the land of Egypt, 
both man and beast; and against all the gods of Egypt will I execute judg- 
ments : I am Jehovah. 13 And the blood shall be for your sakes as a token 
upon the houses where ye are; for where I see the blood I will pass over you, 
and no destructive blow shall come upon you, when I smite the land of Egypt.' 
Those 43 Jehovah said to Moses and Aaron, f This is the ordinance of the pass- 
eigible over . No foreigner shall eat of it, 44 but every man's slave that hath been 
bought for money, when thou hast circumcised him, shall eat of it. 45 A 
resident alien and a hired servant shall not eat of it. 46 In one house shall it 
be eaten; thou shalt not carry any of the flesh out of the house; neither shall 
ye break a bone of it. 47 A11 the congregation shall keep it. 48 And when 
an alien shall reside with thee and wish to keep the passover to Jehovah, let 
all the male members of his family be circumcised, and then let him come 
near and keep it; and he shall be as a native born; but no uncircumcised 
person shall eat of it. 49 One and the same law shall apply to the native born 
and the foreigner residing among you. 50 Thus did all the Israelites; as 
Jehovah commanded Moses and Aaron, so did they. 

Supplemental Priestly Codes 

Re- Ex. 12 14 The [passover] day shall be a reminder to you and ye shall 

J3°ali keep it as a feast to Jehovah throughout your generations ; g by an ordinance 
leaven shall ye forever keep it as a feast. 15 Seven days shall ye eat unleavened 
bread; immediately on the first day ye shall put away leaven out of your 
houses, for whoever eateth leavened bread from the first day until the seventh 
day shall be cut off from Israel. 16 And on the first day ye shall hold a re- 
ligious assembly at the sanctuary, and on the seventh day a holy religious 
assembly at the sanctuary; no kind of work shall be done in them, except that 
which every man must do to eat, that only may be done by you. 17 And ye 
shall observe the regulation regarding unleavened bread, for on this very day 
I brought your hosts out of the land of Egypt ; therefore ye shall observe this 
day throughout your generations as an ordinance forever. 18 On the four- 

1 Ex. 12 43 - 50 Since the point of view assumed in this section is the settled life in Canaan, 
cf. 60 , it is possible that these vss., which have no real connection with their context, are from 
a later priestly editor. 

e Ex. 12 14 - 20 In these vss. the historic event, recorded in 12 1 -' 3 , is made the basis of a 
permanent institution. It apparently comes from one of the later priestly editors of Ex. 

266 



FEAST OF THE PASSOVER [Ex. 12* 

Supplemental Priestly Codes 

teenth day of the first month in the evening ye shall eat unleavened bread, 
until the evening of the twenty-first day of the month. 19 Seven days shall 
no leaven be found in your houses ; for whoever eateth that which is leavened 
shall be cut off from the congregation of Israel, whether he be a resident 
alien or a native born. 20 Ye shall eat nothing leavened; in all your dwellings 
ye shall eat unleavened bread. 

Nu. 28 16 On the fourteenth day of the first month is Jehovah's pass- Specific 
over. h 17 And on the fifteenth day of this month shall be a feast; seven days f^~ 
shall unleavened bread be eaten. 18 In the first day shall be a religious 
assembly at the sanctuary ; ye shall do no toilsome work, 19 but ye shall offer an 
offering made by fire, a burnt-offering to Jehovah : two young bullocks, 
one ram, and seven male lambs a year old; they shall be without blemish; 
20 and their cereal-offering, fine meal mingled with oil; three-tenths of an 
ephah shall ye offer for a bullock, and two-tenths for the ram; 21 a tenth thou 
shalt offer for each of the seven lambs; 22 and one male goat as a sin-offering, 1 
to make atonement for you. 23 Ye shall offer these besides the burnt-offering 
of the morning, which is a regular burnt-offering. 24 This same offering 
shall ye offer daily, for seven days, as food consumed by fire, an odor pleasing 
to Jehovah; it shall be offered in addition to the regular burnt-offering and 
its libation. 25 And on the seventh day ye shall have a religious assembly 
at the sanctuary; ye shall do no toilsome work. 

9 1 Jehovah gave this command to Moses in the Wilderness of Sinai, ' 3 Tradi- 
in the first month of the second year after they had come out of the land of p^cl- 
Egypt : 2 Let the Israelites keep the passover in its appointed season. 3 On dent 
the fourteenth day of this month, toward evening, ye shall keep it in its ap- 
pointed season; in accord with all the statutes and ordinances regarding it 
shall ye keep it. 4 And Moses commanded the Israelites that they should 
keep the passover. 5 And they kept the passover on the fourteenth day of 
the first month, towards evening, in the Wilderness of Sinai; according to all 
that Jehovah commanded Moses so did the Israelites. 

6 But there were certain men, who were unclean through contact with the Case of 
dead body of a man, k so that they could not keep the passover on that day. JJre- 
And they came before Moses and Aaron on that day ; 7 and these men said to gonial- 

• i ly un- 

him, We are unclean through contact with the dead body of a man; 1 why clean 
should we be excluded from offering the gift for Jehovah at its appointed 
season along with the Israelites? 8 And Moses said to them, Wait, that I 
may hear what Jehovah will command concerning you. 

9 Then Jehovah spoke thus to Moses, 10 Say to the Israelites, ' If any of you Pro- 
or of your descendants shall be unclean through contact with a dead body, Jof on 
or be on a distant iourney, he shall keep the passover to Jehovah. n On the such of 

J J r r a sec _ 

_ _ onc j 

h Nu. 28 16f f These vss. also appear to come from the later priestly editors, who were in- pass- 
terested simply in the ritual. over 

1 Nu. 28 22 This offering was the same as at the new moon, cf. § 216. 

J Nu. 9 18 This law is evidently a later priestly insertion in its present context with which 
it has no real connection. It provides a supplementary passover for those prevented from 
observing the regular passover at the appointed time. 

*Nu. 96 Cf. § 181. 

1 Nu. 9 7 Lit., with a man. 



26 



Nu. 9»] THE POST-EXILIC SACRED CALENDAR 

Supplemental Priestly Codes 

fourteenth day of the second month, towards evening, they shall keep it; they 
shall eat it with unleavened bread and bitter herbs; 12 they shall leave none 
of it until the morning nor break a bone of it; according to all the statute of 
the passover shall they keep it. 13 But the man who is ceremonially clean 
and is not on a journey and neglecteth to keep the passover, that one shall be 
cut off from his people; because he offered not the gift to Jehovah in its ap- 
pointed season, that man shall bear his guilt. 14 And if a foreigner reside 
among you and wish to keep the passover to Jehovah according to the statute 
of the passover and the ordinance regarding it, so shall he do; ye shall have 
one statute, both for the resident alien and the native born.' 

§219. Feast of Weeks or Firstfruits, Lev. 23 1521 , Nu. 28 26 - 31 

Holiness Code 

Date Lev. 23 15 Ye shall count from the day following the sabbath, from the 

ritual day that ye bring the sheaf of the wave-offering [at the beginning of the feast 
of unleavened bread], seven full weeks; 16 until the day following the seventh 
sabbath shall ye count fifty days; and ye shall present a new cereal-offering 
to Jehovah. 17 Ye shall bring out of your dwellings two wave-loaves of two- 
tenths of an ephah; they shall be of fine meal, and they shall be baked with 
leaven, as firstfruits for Jehovah. 18 Ye shall present with the bread seven 
yearling lambs without blemish, and one young bullock, and two rams; they shall 
be a burnt-offering to Jehovah, with the cereal-offerings and libations, an offering made 
by fire, of an odor pleasing to Jehovah. 19 Ye shall also offer one male goat as a sin- 
offering, and two male lambs a year old as a sacrifice of peace-offerings. 
20 And the priest shall wave them with the bread of the firstfruits as a wave- 
offering before Jehovah, with the two lambs; they shall be a holy gift for 
Jehovah and shall belong to the priest. 21 And he shall make proclamation on 
that same day, m and there shall be a religious assembly for you in the sanctuary; ye 
shall do no toilsome work; it is a statute forever in all your dwellings throughout 
your generations. 

Supplemental Priestly Codes 

Addi- Nil. 28 26 On the day of the firstfruits, when ye offer a new cereal -offering 

direc- to Jehovah in your feast of weeks, ye shall hold a religious assembly at the 

tlo ? s , sanctuary; ye shall do no toilsome work, 27 but ye shall offer a burnt-offering 

ferings as an odor pleasing to Jehovah : two young bullocks, one ram, seven male 

lambs a year old, 28 and their cereal-offering, fine meal mingled with oil, 

three-tenths of an ephah for each bullock, two-tenths for the one ram, 29 a tenth 

for each of the seven lambs, 30 one male goat to make atonement for you. 

31 Besides the regular burnt-offering, and its cereal-offering, ye shall offer 

them — they shall be without blemish, — and their libations. 

§ 219 The Holiness Code, like that of Dt. leaves the exact date of the feast indeterminate, 
simply fixing it on the fiftieth clay (hence the N.T. designation, Pentecost) after the beginning 
of the feast of unleavened bread. The details of the sacrificial offering in 1Hl \ 19a appear to have 
been added by a late priestly editor, cf. § 107 note a . 

m Lev. 23 a The characteristic formulas of the priestly lawgivers reappear in this vs. 

268 



FEAST OF WEEKS OR FIRSTFRUITS [Lev. 23 23 

§ 220. Feast of Trumpets, Lev. 23 23 - 25 , Nu. 29 1 - 8 
Priestly Codes 

Lev. 23 23 Jehovah gave this command to Moses: 24 Speak thus to the Date 
Israelites, ' On the first day of the seventh month ye shall have a complete method 
rest, a memorial day celebrated by the blowing of trumpets, a religious as- of ob_ 
sembly at the sanctuary. 25 Ye shall do no toilsome work, and ye shall pre- ance 
sent an offering made by fire to Jehovah.' 

Supplemental Priestly Codes 

Nu. 29 J On the first day of the seventh month ye shall hold a religious Specific 
assembly at the sanctuary; ye shall do no toilsome work; it shall be to you a gjjj - 
day for blowing trumpets. 2 And ye shall offer a burnt-offering as an odor 
pleasing to Jehovah : one young bullock, one ram, seven male lambs a year 
old without blemish, 3 and their cereal-offering, fine meal mingled with oil, 
three-tenths of an ephah for the bullock, two-tenths for the ram, 4 and one- 
tenth for each of the seven lambs, 5 and one male goat as a sin-offering, to 
make atonement for you, 6 in addition to the burnt-offering of the new moon, 
and its cereal-offering, and the regular burnt-offering, and its cereal-offering, 
and their libations in accordance with their ordinance, as a pleasant odor, 
an offering made by fire to Jehovah. 

§ 221. Day of Atonement, Lev. 16, 23 2 «- 32 , Nu. 29 7n [Ex. 30 10 ] 

Priestly Codes 

Lev. 16 1 Jehovah spoke to Moses, after the death of the two sons of High 
Aaron, when they drew near before Jehovah and died, 2 and Jehovah said {J^S- 9 

~ — rations 

§ 220 There are no traces of this feast in the pre-exilic literature. It falls, however, on 
the first day of the early Heb. year which began in Sept., cf. Ex. 23 16 , Lev. 25 9 , Ezek. 40 1 , 
rather than in the spring. Most Semitic peoples celebrate the beginning of a new year with 
some religious festivities, so that the present laws may simply represent the revival of a very 
old institution. From the time of Alexander the Jews have celebrated this feast as the New 
Year's Day. The priestly lawgivers doubtless desired to emphasize the first day of the seventh 
Bab. month, doubling as they did at that time the regular offerings of the new moon, because 
of the important feasts which fell in that month. 

§ 221 The day of atonement represents the culmination of the ritualistic tendencies of 
the late priestly schools. It is nowhere mentioned in the pre-cxilic or Holiness codes. Ezek. 
did not know of it in its present form, but provides rather for two days of atonement, one 
on the first day of the first month, and on the first of the seventh month, 45 18 " 20 . In 
the account of the great priestly reformation in Neh. 8, the tenth of the seventh month is 
passed over without any reference to it, but on the twenty-fourth a general feast and confession 
was held. The laws regarding the day of atonement, therefore, appear to be among the latest 
sections of the Pentateuch. Its background is the Bab. exile and its motive is its deep sense of 
guilt which that overwhelming national experience impressed on the minds of the Jews. But 
the Holy One must be served by a holy people. In the doctrines of the priestly schools holiness 
meant ceremonial purity. Therefore the ritual of the day of atonement was developed to 
remove from the nation and sanctuary all possible forms of defilement overlooked or not pro- 
vided for by the other detailed ceremonial laws. It was natural that in the minds of later 
Jews it should become the most important day in the calendar. It was equivalent to a great 
national confession. In the deeply spiritual prayers of the later ritual and of Judaism to-day 
it is essentially a common confession of individual as well as national guilt. 

Whether or not the institution is derived from the Bab. day of appeasement (shabattum, 
cf. Lev. 23 24 ) cannot be definitely determined. The aim, to win the favor of the Deity by 
special offerings, is the same in both. Doubtless the Jewish priests in Babylonia were in- 
fluenced, indirectly at least, by prominence of this kindred idea and institution among their 
neighbors and masters. 

The goat, sent forth to Azazel.like the bird released in connection with the leprosy offering, 
§ 207, reflects the very ancient and widespread belief that human ills or guilt could thus be 

269 



Lev. 16 2 ] THE POST-EXILIC SACRED CALENDAR 

Priestly Codes 

to Moses, Speak to thy brother Aaron, that he do not come at all times into 
the holy place within the curtain, before the covering which is on the ark, 
lest he die, for I appear in the cloud upon the covering. 3 Thus shall Aaron 
come into the holy place : with a young bullock as a sin-offering, and a ram 
as a burnt-offering. 4 He shall clothe himself in a linen coat, and he shall 
put on linen breeches, and shall be girded with a linen girdle, and shall have 
a linen turban wound about his head; they are holy garments; and he shall 
bathe his body in water before putting them on. 
Sacri- 5 And he shall take from the congregation of the Israelites, two male goats 
vfc'f as a sin-offering, and one ram as a burnt-offering. 6 And Aaron shall bring 
tims f ne bullock of the sin-offering, which is for himself, and shall make atone- 
ment for himself and for his house. 7 And he shall take the two goats and set 
them before Jehovah at the entrance of the tent of meeting. 8 And Aaron 
shall cast lots upon the two goats : one lot for Jehovah, and the other lot 
for Azazel. 9 And Aaron shall bring the goat upon which the lot fell for 
Jehovah, and offer it as a sin-offering. 10 But the goat on which the lot fell for 
Azazel shall he set alive before Jehovah, in order that Aaron may make 
atonement upon it, to send it away for Azazel into the wilderness. 
Sin-of- ll Then Aaron shall bring the bullock of the sin-offering, which is for him- 
andm- se ^» an d shall make atonement for himself and for his house; and he shall 
cense kill the bullock of the sin-offering which is for himself; 12 and he shall fill his 
censer with coals of fire from the altar before Jehovah, and his hands with 
sweet incense beaten fine, and shall bring it within the curtain; 13 and he shall 
put the incense on the fire before Jehovah, that the cloud of incense may 
encircle the covering over the testimony, 11 that he die not; 14 and he shall take 
some of the blood of the bullock, and sprinkle it with his finger on the front 
of the covering which faces eastward; and also he shall sprinkle the blood 
with his finger seven times before the covering. 
Cleans- 15 Then he shall kill the goat of the sin-offering that is for the people, and 
plfests bring its blood within the curtain, and do with its blood as he did with the 
and . blood of the bullock, and sprinkle it upon the covering and in front of the 

DGOD16 IT I O 

covering; 16 and he shall make atonement for the holy place, on account of 
the uncleannesses of the Israelites and on account of their transgressions, 
whatever they may be; so shall he also do for the tent of meeting, that abideth 
among them in the midst of their uncleannesses. 17 And none shall be in 
the tent of meeting when he goeth in to make atonement for the holy place, 

laid upon an animal which would bear them away to the relief of the individual. Azazel 
was evidently conceived of in popular Jewish thought as the chief of the evil spirits dwelling 
in the desert. In the book of Enoch he is the chief of the angelic beings who formed unions 
with the daughters of men and who, through their offspring, the giants, brought sin and blood- 
shed to mankind, Enoch 6 1 - 2 ,7 1 " 5 , 9 6 - 8 " M . Like Prometheus, he is represented as bound for his 
sins to the rough rocks in the wilderness. It was to this spot, now identified with Bet-khude- 
dum, beside a steep rocky gorge that the goat was led on the day of atonement, cf. the Mishna 
tractat Yoma, 6. The passages in Lev. 16 relating to the goat for Azazel, 6 - 7 - 10 - 14 " 28 , may 
be later additions to the priestly regulation; they are not referred to in the very late priestly 
sections in Ley. 23 26 " 32 and Nu. 29 7 " 10 . While it is clear that Lev. 16 is made up of several 
originally distinct elements, it is impossible to determine with certainty which are the older, 
and all may have been combined in the present form by the same priestly editor. 
» Lev. 16 13 The priestly designation of the tables of the ten words. 

270 



DAY OF ATONEMENT [Lev. 1617 

Priestly Codes 

until he come out. Thus he shall make atonement for himself and for his 
house and for all the assembly of Israel. 

18 Then he shall go out to the altar which stands before Jehovah and Of the 
make atonement for it; and he shall take some of the blood of the bullock a ar 
and of the blood of the goat, and put it on the horns of the altar all around. 
19 And he shall sprinkle some of the blood upon it with his finger seven times, 
and cleanse it, and sanctify it from the uncleannesses of the Israelites. 

20 When he hath made an end of atoning for the holy place, and the tent The 
of meeting, and the altar, the live goat shall be brought; 21 and Aaron shall lay ^£ e 
both of his hands on the head of the live goat, and confess over it all the in- 
iquities of the Israelites and all their transgressions, whatever they may be; 
and he shall put them on the head of the goat, and shall send it away by 
the hand of a man who is in readiness into the wilderness; 22 and the goat 
shall bear upon itself all their iniquities into a solitary land; then he shall 
let the goat go into the wilderness. 

23 Then Aaron shall come into the tent of meeting and shall put off the Burnt- 
linen garments, which he put on when he went into the holy place, and shall f^" 
leave them there; 24 he shall bathe his body in water in a holy place, and put 
on his garments. Then he shall come out and offer his burnt-offering and 
the burnt-offering of the people, and make atonement for himself and the 
people. 

2o And he shall consume the fat of the sin-offering in sweet smoke upon Addi- 
the altar. 26 And he who let go the goat for Azazel shall wash his clothes details 
and bathe his body in water, and afterwards he may come into the camp. 
27 And the bullock of the sin-offering and the goat of the sin-offering, whose 
blood was brought in to make atonement in the holy place, shall be carried 
outside the camp; and their skins, and their flesh, and their dung shall be 
burnt with fire. 28 And he who burneth them shall wash his clothes and 
bathe his body in water, and afterwards he may come into the camp. 

29 And it shall be an everlasting statute for you : On the tenth day of the Re- 
seventh month, ye shall afflict yourselves, and shall do no work at all, whether * ume 
it be the native born or the alien who resideth among you ; 30 for on this day 
shall atonement be made for you, to cleanse you; ye shall be cleansed from 
all your sins before Jehovah. 31 It is a sabbath of complete rest for you, 
and ye shall afflict yourselves; it is a statute forever. 32 And the priest who 
shall be anointed and installed as priest in his father's place shall make the 
atonement, and shall put on the holy linen garments; 33 and he shall make 
atonement for the holy sanctuary; and he shall make atonement for the 
tent of meeting and for the altar; and he shall make atonement for the 
priests and for all the people of the assembly. 34 And this shall be an ever- 
lasting statute for you, that atonement be made for the Israelites because of 
all their sins once each year. 

And he did as Jehovah commanded Moses. 

° Lev. 16 18 I. e., the great altar before the sanctuary. 

271 



Lev. 23 2 6] THE POST-EXILIC SACRED CALENDAR 

Supplemental Priestly Codes 

Day of Lev. 23 26 Jehovah spoke to Moses saying, 27 Verily on the tenth day of 
rest mn this seventh month is the day of atonement; it shall be a religious assembly 
confes- a * tne sanctuar y> an d ye shall afflict yourselves; and ye shall present an 
sion offering made by fire to Jehovah. 28 And ye shall do no work at all on that 
same day; for it is a day of atonement, on which to make atonement for you 
before Jehovah your God. 29 For whoever doth not afflict himself on that 
same day shall be cut off from his people. 30 And whoever doeth any work 
at all on that same day, I will destroy from among his people. 31 Ye shall 
do no work at all; it is a statute forever throughout your generations in all 
your dwellings. 32 It shall be to you a sabbath of complete rest, and ye shall 
afflict yourselves; in the ninth day of the month at evening, from evening to 
evening, shall ye keep your sabbath. 
Spe- Nu. 29 7 On the tenth day of the seventh month ye shall hold a religious 

ferings assembly at the sanctuary; and ye shall afflict yourselves; ye shall do no 
work at all, 8 but ye shall offer a burnt-offering to Jehovah as a pleasing 
odor : one young bullock, one ram, seven male lambs a year old: they shall be 
without blemish; 9 and their cereal-offering, fine meal mixed with oil, three- 
tenths of an ephah for the bullock, two-tenths for the one ram, 10 a tenth for 
each of the seven lambs, n one male goat as a sin-offering, in addition to the 
sin-offering of atonement, and the regular burnt-offering, and its cereal- 
offering, and their libations. 



§ 222. Feast of Tabernacles, Lev. 23 39 «. 33 - 3 «, Nu. 29 1238 

Holiness Code 

Method Lev. 23 39 Verily on the fifteenth day of the seventh month, when ye have 
gathered in the produce of the land, ye shall keep the feast of Jehovah for 
seven days; on the first day shall be a complete rest, and on the eighth day shall 
be a complete rest. 40 And ye shall take for yourselves on the first day the 
fruit of noble trees, branches of palm-trees, and boughs of thick trees, and 
poplars of the brook; and ye shall rejoice before Jehovah your God seven 
days. 41 And ye shall observe it as a feast to Jehovah seven days in the 
year; it is a statute forever throughout your generations; ye shall observe it in the 
seventh month. 42 Ye shall dwell in booths seven days; all that are native 
born in Israel shall dwell in booths, 43 that your descendants may know 
that I made the Israelites dwell in booths, when I brought them out of the 
land of Egypt : I am Jehovah your God. ^Thus Moses declared to the 
Israelites the set feasts of Jehovah. 



of ob- 
serv- 
ance 



§ 222 Ezek. was the first to fix the feast of tabernacles on the fifteenth of the seventh month, 
45 25 , although the reference in I Kgs. 12 32 , if it is pre-exilic, would indicate that this date was 
already established in Judah. In the original version of the Holiness Code there appears to 
have been no definite date given; the notes in Lev. 23 39 > 41 are probably from a late priestly 
scribe. In the priestly codes the earlier references to agriculture have entirely disappeared, 
and the later lawgivers also add an eighth day to the feast. 

272 



FEAST OF TABERNACLES {Lev. 2:) 33 

Priestly Codes 

Lev. 23 33 And Jehovah gave this command to Moses: 34 Speak thus to 
the Israelites, ' On the fifteenth day of the seventh month is the feast of taber- 
nacles for seven days to Jehovah. 35 On the first day shall be a religious 
assembly in the sanctuary; ye shall do no toilsome work. 36 Seven days ye 
shall present an offering made by fire to Jehovah; on the eighth day ye shall 
hold a religious assembly in the sanctuary; and ye shall present an offering 
made by fire to Jehovah; it is a solemn assembly; ye shall do no toilsome 
work.' 

Supplementary Priestly Codes 

Nil. 29 12 On the fifteenth day of the seventh month ye shall hold a Offer- ] 
religious assembly at the sanctuary; ye shall do no toilsome work, and ye JJJf on I 
shall keep a feast to Jehovah for seven days; 13 and ye shall present a burnt- J rst 
offering, an offering made by fire, of an odor pleasing to Jehovah : thirteen 
young bullocks, two rams, fourteen male lambs a year old; they shall be 
without blemish; 14 and their cereal-offering, fine meal mixed with oil, three- 
tenths of an ephah for each of the thirteen bullocks, two-tenths for each of 
the two rams, 15 and a tenth for each of the fourteen lambs. 16 and one male 
goat as a sin-offering, in addition to the regular burnt-offering, its cereal- 
offering, and its libation. 

17 And on the second day ye shall offer twelve young bullocks, two rams, On the 
fourteen male lambs a year old without blemish, 18 and their cereal-offering ^y Ud 
and their libations for the bullocks, for the rams, and for the lambs, according 
to their number, in accordance with the ordinance, 19 and one male goat as a 
sin-offering, in addition to the regular burnt-offering, and its cereal-offering, 
and their libations. 

20 And on the third day eleven bullocks, two rams, fourteen male lambs a On the 
year old without blemish, 21 and their cereal-offering and their libations for ^Z 
the bullocks, for the rams, and for the lambs, according to their number, in 
accordance with the ordinance, 22 and one male goat as a sin-offering, in ad- 
dition to the regular burnt-offering, and its cereal-offering, and its libation. 

23 And on the fourth day ten bullocks, two rams, fourteen male lambs a On the 
year old without blemish, 24 their cereal-offering and their libations for the day Fth 
bullocks, and for the rams, and for the lambs, according to their number in 
accordance with the ordinance, 25 and one male goat as a sin-offering, in 
addition to the regular burnt-offering, its cereal-offering, and its libation. 

26 And on the fifth day nine bullocks, two rams, fourteen male lambs a On the 
year old without blemish, 27 and their cereal-offering and their libations for J^ 
the bullocks, for the rams, and for the lambs, according to their number, in 
accordance with the ordinance, 28 and one male goat as a sin-offering, in ad- 
dition to the regular burnt-offering, its cereal-offering, and its libation. 

29 And on the sixth day eight bullocks, two rams, fourteen male lambs a On the 
year old without blemish, 30 and their cereal-offering and their libations for JJy 
the bullocks, for the rams, and for the lambs, according to their number in 
accordance with the ordinance; 31 and one male goat as a sin-offering, in 
addition to the regular burnt-offering, its cereal-offering, and its libation. 

273 



Nu. 29 32 ] THE POST-EXILIC SACRED CALENDAR 

Supplemental Priestly Codes 
On the 32 And on the seventh day seven bullocks, two rams, fourteen male lambs 
day" 1 a year old without blemish, 33 and their cereal-offering and their libations for 
the bullocks, for the rams, and for the lambs, according to their number, in 
accordance with the ordinance; 34 and one male goat as a sin-offering, in 
addition to the regular burnt-offering, its cereal-offering, and its libation. 
On the 35 On the eighth day ye shall have a solemn assembly; ye shall do no toil- 
day* some work; 36 but ye shall offer a burnt-offering, an offering made by fire, of 
an odor pleasing to Jehovah : one bullock, one ram, seven male lambs a year 
old without blemish; 37 their cereal -offering and their libations for the bullock, 
for the ram, and for the lambs, shall be according to their number, in ac- 
cordance with the ordinance; 38 and one male goat as a sin-offering, in ad- 
dition to the regular burnt-offering, and its cereal-offering, and its libation. 

§ 223. Sabbatical Year, Lev. 25 1 " 5 - 17 " 22 
Holiness Code 

No Lev. 25 Jehovah said to Moses on Mount Sinai, 2 Speak to the Israelites 

buTaff and sav to tnera > 'When ye have come to the land which I give you, the 
to land shall rest for a sabbath to Jehovah. 3 Six years thou shalt sow thy 

snaxG 

natural field, and six years thou shalt prune thy vineyard, and gather in its produce; 

Sets 4 ° u t tne seventh year shall be a sabbath of complete rest for the land, a sab- 
bath to Jehovah; thou shalt neither sow thy field nor prune thy vineyard. 
5 That which groweth of itself of thy harvest thou shalt not reap, and the 
grapes of thy undressed vine thou shalt not gather; it shall be a year of com- 
plete rest for the land. 

Means 17 And ye shall not wrong each other, but thou shalt fear thy God : for I 

sistence am Jehovah your God. 18 Therefore ye shall execute my statutes and keep 
mine ordinances and do them; then ye shall dwell in the land in security. 
19 And the land shall yield its fruit, and ye shall eat your fill, and dwell in it 
in security. 20 And if ye say, " What shall we eat in the seventh year? behold 
we may not sow or gather in our produce;" 21 then I will command my blessing 
upon you in the sixth year and it shall bring forth produce for the three 
years. 22 And ye shall sow the eighth year, but eat of the old stores; until 
the produce of the ninth cometh in, ye shall eat of the old stores.* 

§ 224. The Year of Jubilee, Lev. 258-ie. 23-34. 39-42, 47-M. a 

Supplemental Priestly Codes 

Sacred Lev. 25 8 Thou shalt count seven sabbaths of years, for seven times 

resT ° f seven years, and there shall be the equivalent of seven sabbaths of years, 

that is, forty-nine years. 9 Then thou shalt sound a loud horn on the tenth 

day of the seventh month; on the day of atonement shall ye sound a horn 

§ 223 Cf. § 113 and the introductory note. In the priestly codes the year of jubilee takes 
the place of the sabbatical year. 

§ 224 Cf. for the history of the year of jubilee and the origin of the present laws, note § 113. 



THE YEAR OF JUBILEE [Lev. 25 9 

Supplemental Priestly Codes 

throughout all your land. 10 And ye shall set apart as sacred the fiftieth 
year and proclaim liberty throughout the land to all its inhabitants; it shall 
be a year of jubilee for you, and ye shall return each to his possession, and 
ye shall return each to his family. n A jubilee shall that fiftieth year be 
for you ; ye shall not sow or reap that which grows of itself in it nor gather 
in the fruit of the undressed vines, 12 for it is a jubilee; it shall be holy to you; 
ye shall eat its produce directly from the field. 

13 At this year of jubilee ye shall return each to his possession. 14 And Resto- 
if thou sell any land to thy neighbor, or buy it of thy neighbor, ye shall not of^aif 
wrong each other. 15 According to the number of years after the jubilee heredi- 
thou shalt buy land from thy neighbor, and according to the number of the lands 
crops until the next jubilee he shall sell it to thee. 16 If the number of years 
be great, thou shalt increase its price; but if the number of years be small, 
thou shalt reduce its price, for it is the number of the crops that he selleth to 
thee. 

23 And the land shall not be sold in perpetuity; for the land is mine, and All 
ye are resident aliens and settlers with me. 24 And in all the land of your S oki 
possession ye shall grant a redemption for the land. 25 And if thy fellow JJJ 1 ^* 
countryman become poor, and sell some of his possession, then shall his tora- 
kinsman who is next to him come, and redeem that which his kinsman hath 
sold. 26 And if a man hath no one to redeem it, and he become rich and 
find sufficient to redeem it, 27 then let him count the years since its sale and 
refund the remainder to the man to whom he sold it, and he shall return to 
his possession. 28 But if he is not able to get it back for himself, then that 
which he hath sold shall remain in the hand of the purchaser until the year 
of jubilee; and in the jubilee it shall be released, and he shall return to his 
possession. 

29 And if a man sell a dwelling house in a walled city, he shall have the Houses 
right of redemption for a whole year after it was sold ; for a full year he shall walled 
have the right of redemption. 30 But if it is not redeemed within the space ^Ued 
of a full year, then the house that is in the walled city shall be assured in cities 
perpetuity to its purchaser throughout his generations; it shall not be re- 
leased in the year of jubilee. 31 But the houses of the villages which have 
no wall round about them shall be reckoned with the fields of the country : 
they may be redeemed and they shall be released at the jubilee. 

32 But in the case of houses in the cities which are the possession of the Houses 
Levites the Levites may redeem at any time. 33 And if one of the Levites invites 
doth not redeem it, the house that was sold in the city of their hereditary 
possession shall be released at the jubilee; for the houses in the cities of the 
Levites are their possession among the Israelites. 34 But fields in the com- 
mon pasture land of their cities may not be sold, for it is their perpetual 
possession. 

42 And if thy fellow countryman grow poor, and sell himself to thee, thou Manu- 
shalt not make him to serve as a slave. 40 As a hired servant, and as a set- Sail 011 
tier shall he be to thee; he shall serve with thee to the vear of jubilee; 41 then Hebrew 

• J . slaves 

shall he be released by thee, together with his children, and shall return to his 

275 



Lev. 25 41 ] THE POST-EXILIC SACRED CALENDAR 

Supplemental Priestly Codes 

own family, and to the possession of his fathers shall he return. 42 For they 

are my servants whom I brought from the land of Egypt; they shall not be 

sold as slaves. 

He- 47bjf thy f e ii ow countryman become poor beside him and sell himself to a 

sold^ foreigner or alien residing with thee, or to a descendant of the foreigner's 

to^thf 1 f ann b r > 48fle mav De redeemed after he has sold himself; one of his kinsmen 

law may redeem him, 49 or his uncle, or his uncle's son, may redeem him, or one 

of his near kinsmen may redeem him; or, if he become rich, he may redeem 

himself. 50 He shall reckon with his purchaser from the year that he sold 

himself to him to the next year of jubilee; and the price of his release shall 

be according to the number of years of service; on the terms of a hired servant 

shall he be with him. 51 If there are yet many years, in proportion to them 

he shall give back the price of his redemption out of the money for which he 

was bought. 52 And if there remain but few years until the year of jubilee, 

then he shall reckon with his master; according to the years of service still 

remaining shall he pay back the price of his redemption. 54 And if he be 

not redeemed in any of these ways, then he shall go free in the year of 

jubilee, together with his children. 



276 



APPENDIX 



APPENDIX 

I 

SELECTED BIBLIOGRAPHY AND DETAILED REFERENCES 



GENERAL INTRODUCTIONS TO THE OLD TESTAMENT 
LEGAL BOOKS 

Addis, The Documents of the Hexateuch, I, II, 1893-1898. 

Baudissin, Einleitung in die Biicher des A.T., 1901. 

Briggs, The Higher Criticism of the Hexateuch, 2 1897. 

Carpenter, The Composition of the Hexateuch, 1902. 

Carpenter and Harford-Battersby, The Hexateuch, I, II, 1900. 

Cornill, Einleitung in das A.T., 3 1896. 

Cullen, The Book of the Covenant in Moab, 1903. 

Driver, An Introduction to the Literature of the O.T., 8 1901. 

Fries, Der Gesetzschrift des Konigs Josia, 1903. 

Holzinger, Einleitung in den Hexateuch, 1893. 

Kautzsch, Literature of the O.T., 1899. 

Kent, The Messages of Israel's Lawgivers, 1902. 

Kent and Sanders, The Origin and Growth of Israelitish Law, in Historical 

and Critical Contributions to Biblical Science, 1901. 
Konig, Einleitung in das A.T., 1893. 
Kuenen, The Hexateuch, 1886. 
McFadyen, An Introduction to the O.T., 1905. 
Smith, The Old Testament in the Jewish Church, 2 1892. 
Steuernagel, Allgemeine Einleitung in den Hexateuch, 1900. 
Wellhausen, Composition des Hexateuchs und der historischen Biicher des 
A.T., 3 1899. 
Prolegomena to the History of Israel, 1885. 
Wildeboer, Die Litteratur des A.T., 1895. 

DICTIONARIES AND ENCYCLOPEDIAS 

Cheyne and Black, Encyclopedia Biblica, I-IV, 1899-1903. 

Hastings, A Dictionary of the Bible, I-V, 1898-1904. 

Herzog-Hauck, Realencyclopadie fur protestantische Theologie und Kirche? 

1896. 
Singer, The Jewish Encyclopedia, I-XII, 1901-1906. 
Smith, A Dictionary of the Bible, 2 1893. 

279 



SELECTED BIBLIOGRAPHY 

ISRAELITISH AND CONTEMPORARY SEMITIC HISTORY 
See Kent, Student's O.T., Vol. II, pp. 48.3-487. 

THE CODE OF HAMMURABI AND THE OLD TESTAMENT 

CODES 

Cohn, Die Gesetze Hammurabi's, 1903. 

Cook, The Laws of Moses and the Code of Hammurabi, 1903. 

Edwards, The Hammurabi Code and the Sinaitic Legislation, 1904. 

Grimme, Das Gesetz Chammurabis und Moses, 1903. 

Harper, The Code of Hammurabi, 1904. 

Jeremias, Moses und Hammurabi, 1903. 

Johns, Babylonian and Assyrian Laics, Contracts, and Letters, 1904. 

" Article, The Code of Hammurabi, Hastings's D.B. (Extra Volume, 

1904). 
Kent, "The Recently Discovered Civil Code of Hammurabi," Biblical World, 

Vol. XXI, pp. 175-190, 1903. 
Kohler und Peiser, Hammurabi's Gesetz,!: Uebersetzung, juristiche Wieder- 

gabe, Erlauterung , 1903. 
Lyon, The Structure of the Hammurabi Code, Journal of the American 

Oriental Society, Vol. XXV, pp. 248-265, 1904. 
Miiller, Die Gesetze Hammurabis und ihr Verhdltnis zur Mosaischen Gesetzge- 

bung so wie zu den XII Tafeln, 1903. 
Oettli, Das Gesetz Hammurabis und die Thora Israels, 1903. 
Rosenbacher, Moses und Hammurabi, 1904. 
Sayce, The Legal Code of Babylonia, American Journal of Theology, pp. 

256-266, 1904. 
Scheil, Memoires de la delegation en Perse, Tome IV, 1902. 

" La loi de Hammurabi, 1904. 
Winckler, Die Gesetze Hammurabis, 1903. 

Die Gesetze Hammurabis in Umschrift und Uebersetzung her- 
ansgegeben, 1904. 

OTHER ANCIENT CODES 

Amos, The History and Principles of the Civil Law of Rome, 1883. 

Burnell, The Ordinances of Manu, 1884. 

Ball, Light from the East, 1886. 

Buhler, Sacred Books of the East, Vol. XXV, The Laws of Manu, 1886. 

Herrick, The Attic Law of Status, Family Relations, and Succession in the 

Fourth Century B.C., 1890. 
Lee, Historical Jurisprudence, 1900. 
Leist, Altarisches Jus Gentium, 1889. 

von Lingenthal, Geschichte des griech-romischen Rechts, 2 1877. 

280 



ANCIENT LEGAL CODES 

Macdonald, Muslim Theology, Jurisprudence and Constitutional Theory, 

1903. 
Maine, Ancient Law, 1888. 
Merriarn, The Gortyan Code, Journal of the American Archaeological Society, 

1899. 
Monro, The Digest of Justinian, translated 1904. 
Movie, Imperatoris Justiniani Institutionum, 1890. 
Voigt, Die XII Tafeln Geschichte und System des Civil und Criminal-Rechts, 

wie Process der XII Tafeln, I, II, 1883. 



SEMITIC AND ISRAELITISH INSTITUTIONS AND 
ARCHEOLOGY 

Baethgen, Beitrdge sur semitischen Religionsgeschichte, 1888. 
Barton, A Sketch of Semitic Origins — Social and Religious, 1902. 
Baudissin, Studien zur semitischen Religionsgeschichte, 2 vols., 1876, 1878. 

Die Geschichte des alttestamentlichen Priesterthums, 1889. 
Benzinger, Hebraische Archaologie, 1894. 

Bertholet, Die Stellung der Israeliten und Juden zu den Fremden, 1896. 
Bissell, The Law of Asijlum in Israel, 1888. 
Bohn, Der Sabbat im A.T., 1903. 
Curtiss, Primitive Semitic Religion To-Day, 1902. 

" The Levitical Priests, 1877. 
Duschak, Das Mosaische Strafrecht, 1869. 
Forster, Das Mosaische Strafrecht in seiner geschichtlichen Entwickellung \ 

1900. 
Frazer, Golden Bough, I, II, 1890. 
Frenkel, Der gerichtliche Beweis, 1846. 
Green, The Hebrew Feasts in their Relation to Recent Critical Hypotheses 

Concerning the Pentateuch, 1885. 
Harper, The Priestly Element in the O.T., 2 1905. 
Hogarth, Authority and Archaeology, 1899. 
van Hoonacker, Le Sacerdoce levitique, 1899. 
Hummelauer, Das vormosaische Priesterthum in Israel, 1899. 
Jastrow, The Religion of Babylonia and Assyria, German translation, 1905- 

1907. 
King, Babylonian Religion and Mythology, 1899. 
Klein, Das Gesetz iiber das gerichtliche Beweisverfahren nach mosaisch- 

talmudisches Recht, 1885. 
Lagrange, Etudes sur les religions Semitiques, 1903. 
Leighton, The Jewish Altar, 1886. 

Nowack, Lehrbuch der hebrdischen Archaologie, I, II, 1894. 
Priestel, Baugeschichte der jiidischen Heiligtumer und die Tempel-Salomos y 

1904. 
Rosenau, Jewish Ceremonial Institutions and Customs, 1903. 
Sayce, The Religions of Ancient Egypt and Babylonia, 1902. 

281 



SELECTED BIBLIOGRAPHY 

Scott, Sacrifice, Its Prophecy and Fulfillment (" Baird Lecture"), 1892-1893. 
Schiirer, History of the Jewish People in the Time of Christ, Second Div., 

Vol. I, 1880. 
Schwally, Semitinche Kriegsaltertumer, Heft I, 1901. 
Smith, W. R., Kinship and Marriage in Early Arabia? 1903. 

Religion of the Semites? 1894. 
Wellhausen, Reste des arabischen Heidenthums, 2 1897. 



OLD TESTAMENT RELIGION AND THEOLOGY 

Beer, Der biblische Hades, 1902. 

Budde, The Religion of Israel to the Exile, 1899. 

Cheyne, Jewish Religious Life after the Exile, 1898. 

Davidson, The Theology of the Old Testament, 1904. 

Dillmann, Handbuch der alttestamentlichen Theologie, 1895. 

Duff, Old Testament Theology, I, II, 1891, 1900. 

Duhm, Die bosen Geister im A.T., 1904. 

Erbt, Die Sicherstellung des Monotheismus, 1903. 

von Gall, Altisraelitische Kultstalten, 1898. 

Gamier, Worship of the Dead, 1904. 

Kautzsch, Religion of Israel, in extra volume of Hastings's D.B., 1904. 

Kuenen, The Religion of Israel, translated 1882-1883. 

Marti, Geschichte der israelitischen Religion, 1897. 

Montefiore, The Religion of the Ancient Hebrews, 1892. 

Piepenbring, The Theology of the Old Testament, 1893. 

Robertson, The Early Religion of Israel, 1889. 

Roux, Essai sur la vie apres la mort chez les Israelites, 1904. 

Sartori, Die Speisung der Toten, 1903. 

Schultz, Old Testament Theology, 5 1896. 

Smend, Lehrbuch der alttestamentlichen Religionsgeschichte, 2 1899. 

Torge, Ascherah und Astarte, 1902. 

Wohlgemuth, Die Unsterblichkeitlehre in der Bibel, 1901. 

Zapletal, Der Totemismus und die Religion Israels, 1901. 



COMMENTARIES 

Genesis 

Dillmann, Genesis, I, II, 1888. 
Dods, Genesis, 1888. 
Driver, Genesis, 1904. 
Gunkel, Genesis, 1902. 
Holzinger, Genesis, 1898. 
Mitchell, The World Before Abraham, 1902. 
Wade, The Book of Genesis, 1896. 

282 



COMMENTARIES 

Exodus 

Baentsch, Exodus-Leviticus, 1902. 
Dillmann, Exodus and Leviticus, 1880. 
Holzinger, Exodus, 1900. 

Leviticus 

Baentsch, Leviticus, 1900. 

Bertholet, Leviticus, 1901. 

Driver and White, Leviticus, in S.B.O.T., 1900. 

Horst, Leviticus XVH-XXVI und Hezekiel, 1881. 

Strack, Leviticus, 1894. 

Numbers 

Baentsch, Numeri, 1903. 

Dillmann, Numeri, Deuteronomium und Josua, 1886. 

Gray, Numbers, 1903. 

Holzinger, Numeri, 1903. 

Deuteronomy 

Driver, Deideronomy, 1895. 

Oettli, Das Deuteronomium und die Biicher Josua und Richter, 1893. 

Steuernagel, Das Deuteronomium, 1898. 

DETAILED REFERENCES 

The following detailed references have been prepared especially to meet 
the needs of college and Bible classes and private readers. They do not 
aim to give a complete bibliography, but rather to call attention to the 
more important books and sections dealing with a given topic. Naturally, 
greater prominence is given to works written in English, but significant 
chapters or articles in French or German sources are also referred to and are 
distinguished by being printed in italics, and at the end of each section. 
To economize space the standard works are represented simply by the 
names of their authors, followed by the initial letters of the chief words in 
the titles. Whenever there is any doubt regarding the meaning of the 
abbreviations, they can be readily identified by referring to the Selected 
Bibliography (pp. 279 ff.), where each book will be found classified alpha- 
betically according to the name of its author. In the classification of the 
references the order of the main divisions of this volume has been followed 
so that they can be used, in connection with the text, as guides in further 
systematic, comprehensive study. 

The History of Israel's Laws and Legal Precedents 

The Babylonian Background of Israel's Laws: Cf. bibliography 
on The Code oj Hammurabi and the O.T. Codes, p. 280; Lee HJ 12-49. 

283 



DETAILED REFERENCES 

Origin and Growth of Israelitish Law: Hastings DB III, 64-67; 
Encvc. Bib. Ill, 2714-18; Kent and Sanders OGIL in Contribs. to Bib. Sci., 
41-67; Wellhausen PHI 392-401. 

The Primitive Hebrew Codes: Hastings DB III, 67, 68; Carpenter 
and Battersby H II, 112-17; Driver LOTS 30-40; Encyc. Bib. II, 1444-48; 
III, 2733-35; Baentsch EL, 177-212. 

The Deuteronomic Codes: McFadyen IOT 46-61; Hastings DB III, 
68, 69; I, 597-603; Encyc. Bib. I, 1079-88; Carpenter and Battersbv H I, 
70-97; Driver D XXV-LXXVII; LOT** 69-99; Smith OTJC 346-360; 
Wellhausen PHI 402-10; Holzinger EH 255-331. 

Ezekiel and the Holiness Code: Hastings DB III, 68, 69; Encvc. 
Bib. Ill, 2737-39; Carpenter and Battersby H I, 145-51; Driver LOTS 
292-98; Holzinger EH, 406-18. 

The Priestly Codes: Hastings DB III, 70-72; Encyc. Bib. Ill, 2739- 
43; Carpenter and Battersby H I, 121-44, 152-57; Driver LOT** 128-59; 
Holzinger EH 332-405, 418-65. 

Personal and Family Laws 

Parents and Children: Article, Family in Hastings DB and Encyc. 
Bib.; Smith KMEA; Post, Familienrecht; Benzinger HA 133-38, 147-59; 
Noivack HA I, 152-55, 180-82. 

Marriage Relation: Smith KMEA; article, Marriage in Hastings DB 
and Encyc. Bib. and Jewish Encyc; Benzinger HA 138-47, 342-47; Nowack 
HA I, 155-64, 341-48. 

Masters and Slaves: Article, Servant in Hastings DB; Slavery in 
Encyc. Bib. and Jewish Encyc; McCurdy HPM II, 168-75; Benzinger HA 
159-63; Nowack HA I, 173-80. 

Aliens: Article, Ger in Hastings DB; Stranger and Sojourner in Encyc 
Bib.; Smith KMEA; RS 75-81; McCurdy HPM II, 177-83; Bertholet SIJF; 
Benzinger HA 339-42; Noivack HA I, 336-41. 

Rights of Property: Encyc. Bib. Ill, 2725-28; Klein GGBMR; 
Benzinger HA 347-54; Nowack HA I, 350-56. 

Rights of Inheritance: Encyc. Bib. Ill, 2728-29; article Inheritance 
in Hastings DB and Jewish Encyc; Benzinger HA 354-56; Nowack HA I, 
348-50. 

Constitutional Laws 

Political Organization: Article, Government in Hastings DB and 
Encyc Bib.; McCurdy HPM I, ch. Ill; Smith RS 70-75; KMEA; Benzinger 
HA 292-319; Nowack HA I, 300-16. 

Military Regulations: Articles, War, Camp and Fenced Cities in 
Hastings DB; War in Encvc Bib.; Benzinger HA 356-63; Nowack HA I, 
357-75; Schwally SK I. 

The Judiciary: Article, Judges in Hastings DB; Law and Justice in 
Encyc. Bib.; Bissel LAI; Benzinger HA 320-30; Nowack HA I, 317-26; 
Frenkel GB; Klein GGBMR. 

284 



REGARDING THE CONSTITUTIONAL LAWS 

Public Instruction : Article, Education in Hastings DB and Encyc. Bib. ; 
Schiirer HJPTJ, Div. II, Vol. I, § 25; Laurie, Hist. Survey of Pre-Christian 
Educ., 69-105; Simon, & Education des Enjants chez les anciens Juifs; Strass- 
burger, Gesch. der Erziehung bei den Israeliten; Dushak, Schulgesetzgebung 
und Methodik der alien Israeliten. 



Criminal Laws 

Crimes and Penalties: Article, Crimes and Punishments in Hastings 
DB; Schiirer HJPTJ, Div. II, Vol. II, 90 ff.; Smith OTJC 2 , 340-45, 368-70; 
Post, Familienrecht, 358; Benzinger HA 331-39; Nowack HA I, 327-53; 
Forster MSGE. 

Humane Laws 

Humane and Philanthropic Provisions: Hastings DB I, 579, 580; 
Extra Vol. 357-59; IV, 323-26; Encyc. Bib. Ill, 3791-93; Benzinger HA 
168-77; Nowack HA I, 353-56. 



Ceremonial Laws 

The Tent of Meeting or Tabernacle: Article, Tabernacle in Hastings 
DB, Encyc. Bib., and Jewish Encyc; Brown, The Tabernacle; Ottley, 
Aspects of the O.T., 261-65; Benzinger HA 370, 395-99; Nowack HA III, 
53-70. 

The Ark: Article, Ark of the Covenant in Hastings DB, Encyc. Bib., and 
Jewish Encyc. ; Kraetzschmar, Die Bundesvorstellung, 208-20; Bdhr, Symbolik 

I, 482; Benzinger HA, 367-70. 

Solomon's Temple: Cf. Vol. II, p. 490, for detailed bibliography. 

Ezekiel's Temple Plan: Hastings DB IV, 703-10; Encyc. Bib. IV, 
4941-43 ; Sulley , The Temple of Ezekiel's Prophecy ; Toy E, 177-92 ; Benzinger 
HA 393, 394; Nowack HA II, 50-53. 

The Pre-exilie Priests: Hastings DB IV, 67-77; Encyc. Bib. Ill, 
3837-43; Jewish Encyc. VIII, 49, 50; Benzinger HA 405-18; Nowack HA 

II, 87-104; Hummelauer VP1; Baudissin GAP. 

Sacred Officials in Ezekiel's Hierarchy: Hastings DB IV, 77-79; 
Encyc. Bib.; Toy E 192-205: Benzinger HA 419; Nowack HA II, 104-6. 

The Post-exilic Hierarchy: Levites: Hastings DB IV, 80, 92-96; 
Encyc. Bib. Ill, 3843-46; Gray N 21-26; Benzinger HA 420-1; Baudissin 
GAP; Nowack HA II, 106-29. 

Priests: Hastings DB IV, 85-92; Encyc. Bib. Ill, 3843-46; Jewish 
Encyc. X, 192-97; Benzinger HA 421-29; Baudissin GAP; Nowack HA II, 
106-29. 

High Priest: Hastings DB IV, 79, 84; Jewish Encyc. VI, 389-93; Ben- 
zinger HA 422, 423; Nowack HA II, 115-20. 

285 



DETAILED REFERENCES 

Food Ceremonially Clean and Unclean: Articles, Food and Unclean 
in Hastings DB; Food and Clean and Unclean in Encyc. Bib.; Stade GVI I, 
481-87; Benzinger HA 483, 490. 

Ceremonial Uncleanness : Hastings DB IV, 825-29; Encyc. Bib. I, 
836-41, 845-48; Smith RS 152-64; article, Taboo in Encyc. Brit.; Gray N 
241-48; Benzinger HA 478-83; Nowack HA II, 275-99. 

Nazirites: Article, Nazirite in Hastings DB, Encyc. Bib., and Jewish 
Encyc; Smith RS 323-33, 481-85; Gray N 56-60, 65, 69; Smend LAB 93- 
96; Benzinger HA 429, 430; Nowack HA II, 133-37; Gruneisen, Dcr Ahnen- 
cultus, 46, 71, 92, 112-50. 

Circumcision: Article, Circumcision in Hastings DB, Encyc. Bib., and 
Jewish Encyc; Asher, The Jewish Rite of Circumcision; Ploss, Das Kind, 
360-66; Wellhausen AH 154; Glassberg, Die Beschneidung; Smend ATBG 
37-40; Marti GIR 43, 163, 164. 

Sacred Dues: Articles, First-born, Firstjruits, Tithes, Tax, Vows in 
Bible Diets.; Gray N 225-29, 236-41; Smith RS 244-53, 458-65; Benzinger 
HA 457-61; Nowack HA II, 254-59. 

Vows: Article, Vow in Hastings DB; Vows in Encyc. Bib., and Jewish 
Encyc; Nowack HA II, 262-68. 

Sacrifice: Article, Sacrifice in Encyc. Bib., Hastings DB, and Jewish 
Encyc; Smith RS 213-43, 253-440; Benzinger HA 431-56; Nowack HA II, 
203-54. 

Sabbath: Article, Sabbath in Hastings DB, Encyc Bib., and Jewish 
Encyc; Bohn, Der Sabbat im A.T; Benzinger HA 465, 473; Nowack HA II, 
140-44, 159-62. 

New Moon: Article, New Moon in Hastings DB, Encyc. Bib., and 
Jewish Encyc; Benzinger HA 464, 473; Noivack HA II, 138-40, 158, 159. 

Passover and Feast of Unleavened Bread: Articles, Passover and 
Feasts in Hastings DB, Encyc. Bib., and Jewish Encyc; Trumbull, The 
Blood Covenant; Edersheim, The Temple; Gray N, 404-7; Benzinger HA 
466-71, 475; Nowack HA II, 145-49, 153-57, 172-78. 

Feast of Weeks: Article, Pentecost in Hastings DB, Encyc. Bib., and 
Jewish Encyc; Edersheim, The Temple, ch. XIII; Benzinger HA 476: 
Nowack HA II, 149-50, 178-80. 

Feast of Tabernacles: Article, Feast of Tabernacles in Hastings DB, 
Encyc. Bib., and Jewish Encyc; Benzinger HA 476; Nowack HA II, 150- 
70, 180-82. 

Day of Atonement: Article, Day of Atonement in Hastings DB, Encyc. 
Bib., and Jewish Encyc; Edersheim, The Temple, 263-88: Schultz OTT I, 
367, 368, 402-6; Nowack HA II, 183-94; Stade GVI II, 182, 258-60; 
Benzinger HA 477. 

Sabbatical Year: Article, Sabbatical Year in Hastings DB, Encyc. Bib., 
and Jewish Encyc ; Benzinger HA 474; Nowack HA II, 163-65. 

Year of Jubilee: Article, Jubilee in Encyc Bib.; Sabbatical Year in 
Hastings DB; Sabbatical Year and Jubilee in Jewish Encyc; Wellhausen 
PHI 116, 117; Benzinger HA 474; Nowack HA II, 165-72. 

286 



FIRST DECALOGUE: RIGHTS OF SLAVES 



II 

THE CIVIL AND CRIMINAL DECALOGUES OF EXODUS 

21 AND 22 

The following decalogues, together with that in Exodus 34, represent the 
oldest Hebrew laws which have been preserved. The few supplemental 
laws are reproduced in the footnotes; the evidence that these were not found 
in the original versions of these decalogues has already been presented in 
the Introduction, p. 25. 

Superscription 

Ex. 2 1 x Now these are the ordinances which thou shalt set before them : 



First Decalogue : The Rights of Slaves 

First Pentad: Males 

I. Ex. 21 2 If a man buy a Hebrew slave, the slave shall serve six years; 
but in the seventh he shall go free without having to pay any ransom. 

II. 3 If he come in single, he shall go free unmarried. 

IH. If he be married, then his wife shall go out with him. 

IV. 4 If his master give him a wife and she bear him sons or daughters, 
the wife and her children shall be her master's, but the man shall go out by 
himself. 

V. 5 If, however, the slave shall definitely say, I love my master, my wife, 
and my children; I will not go free, 6 then his master shall bring him before 
God, and shall lead him to the door, or the door-post, and his master shall 
bore through his ear with an awl; and the man shall be his slave as long as 
he liveth. 

Second Pentad: Females 

VI. 7 If a man sell his daughter to be a slave, she shall not go free as do the 
male slaves. 

VH. 8 If she do not please her master, who hath espoused her to himself, 
then he may let her be redeemed; only he shall have no power to sell her to 
a foreign people seeing he hath dealt deceitfully with her. 

VIII. 9 If he espouse her to his son, he shall deal with her as with a daughter. 

IX. 10 If he marry another wife, her food, her raiment, and her duty of 
marriage shall he not diminish. 

X. n If he do not these three things to her, then she may go out without 
having to pay any money. 

287 



DECALOGUES OF EXODUS 21 AND 22 

Second Decalogue : Assaults 
First Pentad: Capital Offences 

I. Ex. 21 12 If a man strike another so that he die the manslayer shall be 
put to death. 

II. 13 If a man lie not in wait, but God deliver him into his hand, then I 
will appoint thee a place to which he may flee. 

III. 14 If a man attack another maliciously to slay him by treachery, thou 
shalt take him from mine altar, that he may be put to death. 

IV. 15 He who striketh his father or his mother shall be put to death. 

V. 1G He who stealeth a man, and selleth him, or if he still be found in his 
hand, shall surely be put to death. a 

Second Pentad: Minor Offences 

VI. 18 If men contend and one strike the other with a stone or a club, and 
he die not, but is confined to his bed, 19 then if he rise again, and can walk 
out supported on his staff, the one who struck him shall be acquitted; 
only he must pay for the loss of the other man's time until he is thoroughly 
healed. 

VII. 20 If a man strike his male or female slave with a stick so that he die 
at once, the master must be punished. 

VIII. 21 If, however, the slave survive a day or two, the master shall not be 
punished for it is his own loss. b 

IX. 26 If a man smite the eye of his male or female slave, so that it is de- 
stroyed, he shall let him go free for his eye's sake. 

X. 27 If he knock out a tooth of his male or female slave, he shall let him 
go free for his tooth's sake. 

Third Decalogue : Laws Regarding Domestic Animals 

First Pentad: Injuries by Animals 

I. Ex. 21 28 If an ox fatally gore a man or a woman, the ox shall be 
stoned, and its flesh shall not be eaten, but the owner of the ox shall be 
acquitted. 

II. 29 But if the ox was already in the habit of goring, and it hath been 
reported to its owner, and he hath not kept it in, with the result that it hath 
killed a man or a woman, the ox shall be stoned, and its owner shall also be 
put to death. 

a 21 16 Although it cuts athwart the context, the following ancient law was inserted here 
because it likewise imposed capital punishment: 

^Whoever curseth his father or his mother shall be put to death. 

b 21 21 Clearly x is the original sequel of 21 . The following early laws have later been in- 
serted: 

^If men strive together and hurt a pregnant woman so that she hath a miscarriage and yet no 
harm to her result, he shall be fined as the woman's husband shall determine; and he shall pay for 
the miscarriage. 23 But if any harm follow, then thou shalt give life for life, 2i eye for eye, tooth for 
tooth, hand for hand, foot for foot, ^branding for branding, wound for wound, stripe for stripe. 

288 



LAWS REGARDING DOMESTIC ANIMALS 

First Pentad: Injuries by Animals 

III. 30 If a ransom is fixed for him, he shall give for the redemption of his 
life whatever amount is determined. 

IV. 31 Whether the ox hath gored a boy or a girl, this law shall be executed. 

V. 32 If an ox gore a male or female slave, thirty shekels of silver shall be 
given to their master, and the ox shall be stoned. 

Second Pentad: Injuries to Animals 

VI. 33 If a man open a cistern or dig a cistern but doth not cover it, and an 
ox or an ass fall into it, 34 the owner of the cistern shall make it good; he 
shall give money* to its owner and the carcass shall be his. 

VII. 35 If one man's ox hurt another's, so that it dieth, then they shall sell 
the live ox, and divide the money received from it; they shall also divide 
the carcass between them. 

VIII. 36 If it be known that the ox was already in the habit of goring and 
its owner hath not kept it in, he must pay ox for ox, and the carcass shall 
belong to him. . 

IX. 22 *If a man steal an ox, or a sheep, and kill it, or sell it, he shall 
restore five oxen for one ox, and four sheep for a sheep. c 3b If he have noth- 
ing, then he shall be sold to pay for what he hath stolen. 

X. 4 If the theft be found in his hand alive, whether it be ox, or ass, or sheep, 
he must pay twice its value. 



Fourth Decalogue : Responsibility for Property 

First Pentad : Property in General 

I. Ex. 22 5 If a man burn over a field or vineyard and let the fire spread 
so that it devoureth a neighbor's field, out of the best of his own field, and 
the best of his own vineyard shall he make restitution. 

II. 6 If fire break out, and catch in thorns, so that the shocks of grain, or 
the standing grain, or the field are consumed, he that kindled the fire must 
make restitution. 

III. 7 If a man deliver to his neighbor money or personal property to keep, 
and if it be stolen out of the man's house, if the thief be found, the man shall 
make double restitution. 

IV. 8 If the thief be not found, then the master of the house shall come 
before God to prove whether or not he hath taken his neighbor's goods. 

V. 9 In every case of breach of trust whether it concern an ox, or ass, or 
sheep, or clothing, or any kind of lost thing of which one saith, This is it, 
the case of both parties shall come before God; he whom God shall condemn 
shall make double restitution to his neighbor. 

* 22 ' The sequel of > is 3b . Vss. 2 , 3a deal with a related but distinct theme: 

2// the thief be found breaking in and be struck down so that he dieth, the onewhostnketh htm 

is not guilty of murder. *If the sun hath risen, the one who striketh him, is guilty of murder; he 

must make restitution. 

289 



DECALOGUES OF EXODUS 21 AND 22 

Second Pentad: Property in Cattle 

VI. 10 If a man deliver to his neighbor an ass, or an ox, or a sheep, or any 
beast, to keep; and it die or be hurt or be driven away without any one's 
having seen it, n an oath sworn by Jehovah shall be between both of them to 
decide whether or not the one hath taken his neighbor's property; the owner 
shall accept it, and the other need not make restitution. 

VII. 12 If it be stolen from him, he shall make restitution to its owner. 

VIII. 13 If the animal be torn in pieces, let him bring it as evidence; he 
need not make good that which was torn. 

IX. 14 If a man borrow an animal from his neighbor and it be hurt or die, 
while its owner is not with it, the man must make restitution. 

X. 15 If its owner be with it, the man need not make it good; being a hired 
animal, it came for its hire. 



Fifth Decalogue: Social Purity 

First Pentad: Adultery 

I. Dt. 22 13 If, after a man hath married a wife and entered into marital 
relations with her, he turn against her, 14 and frame against her shameful 
charges, . . . 15 then the father of the young woman and her mother shall 
take and bring evidences of the young woman's virginity to the elders of the 
city at the gate; . . . 18 And the elders of that city shall take the man and 
punish him; 19 and they shall fine him a hundred shekels of silver, and give 
them to the young woman's father because the man hath given an evil name 
to a virgin of Israel; and she shall be his wife; he may not divorce her as long 
as he liveth. d 

II. 20 But if it prove to be true that the evidences that the young woman 
was a virgin were not found, 21 a then they shall bring out the young woman 
to the door of her father's house, and the men of her city shall stone her to 
death because she hath committed a shameful act in Israel, in that she hath 
been a harlot in her father's house. 

III. 22a If a man be found lying with a married woman, they shall both of 
them die, the man who lay with the woman and the woman. 

IV. 23a If a man find in the city a young woman who is a virgin betrothed to 
a husband, and lie with her, 24 then ye shall bring them both out to the gate of 
that city and stone them to death, the damsel because she did not cry out, 
although she was in the city, and the man because he hath seduced his neigh- 
bor's wife. 

V. 25 If the man find a young woman, who is betrothed in the field, and 
force her and lie with her, then simply the man who lay with her shall die; 
26a but thou shalt do nothing to the young woman; she hath committed no 
sin worthy of death. 

d Dt. 13 1319 The original decalogue versions of this and the four succeeding laws were un- 
doubtedly at first far briefer, but, in common with most of the early laws in Dt., they have been 
freely worked over and expanded. Cf. Ex. 22 16 -' 20 . 

290 



FIFTH DECALOGUE: SOCIAL PURITY 

Second Pentad: Fornication and Apostasy 

VI. Ex. 22 16 If a man entice a young girl who is not betrothed, and he 
with her, he must make her his wife by paying a dowry for her. 

VII. 17 If her father utterly refuse to give her to him, he shall pay money 
equivalent to the dowry of young girls. 

VIII. 18 A sorceress shall not be allowed to live. 

IX. 19 Whoever lieth with a beast shall surely be put to death. 

X. 20 He who sacrificeth to other gods, except to Jehovah, shall be placed 
under the ban. 

Ill 

RIGHTS AND DUTIES OF WIVES IN HAMMURABI'S CODE 

The following are the more important laws in the Code of Hammurabi 
regarding the rights of wives and the subject of divorce; the translation is from 
Johns' Bab. and Assyr. Laws, Contracts and Letters: 

§ 133. If a man has been taken captive, and there was maintenance in 
his house, but his wife has left her house and entered into another man's 
house; because that woman has not preserved her body, and has entered 
into the house of another, that woman shall be prosecuted and shall be 
drowned. 

§ 134. If a man has been taken captive, but there was not maintenance 
in his house, and his wife has entered into the house of another, that woman 
has no blame. 

§ 135. If a man has been taken captive, but there was no maintenance in 
his house for his wife, and she has entered into the house of another, and has 
borne him children, if in the future her [first] husband shall return and 
regain his city, that woman shall return to her first husband, but the children 
shall follow their own father. 

§ 136. If a man has left his city and fled, and, after he has gone, his wife 
has entered into the house of another; if the man return and seize his wife, 
the wife of the fugitive shall not return to her husband, because he hated his 
city and fled. 

§ 137. If a man has determined to divorce a concubine who has borne 
him children, or a votary who has granted him children, he shall return to 
that woman her marriage-portion, and shall give her the usufruct of field, 
garden, and goods, to bring up her children. After her children have grown 
up, out of whatever is given to her children, they shall give her one son's 
share, and the husband of her choice shall marry her. 

§ 138. If a man has divorced his wife, who has not borne him children, 
he shall pay over to her as much money as was given for her bride-price 
and the marriage-portion which she brought from her father's house, and so 
shall divorce her. m 

§ 139. If there was no bride-price, he shall give her one mina of silver, 

as a price of divorce. 

291 



RIGHTS OF WIVES IN BABYLONIA 

§ 140. If he be a plebeian, he shall give her one-third of a mina of silver. 

§ 141. If a man's wife, living in her husband's house, has persisted in going 
out, has acted the fool, has wasted her house, has belittled her husband, he 
shall prosecute her. If her husband has said, " I divorce her," she shall go 
her way; he shall give her nothing as her price of divorce. If her husband 
has said, " I will not divorce her," he may take another woman to wife; the 
wife shall live as a slave in her husband's house. 

§ 142. If a woman has hated her husband and has said, " You shall not 
possess me," her past shall be inquired into, as to what she lacks. If she 
has been discreet, and has no vice, and her husband has gone out, and has 
greatly belittled her, that woman has no blame, she shall take her marriage- 
portion and go off to her father's house. 

§ 143. If she has not been discreet, has gone out, ruined her house, be- 
littled her husband, she shall be drowned. 



IV 
REPARATION FOR DAMAGE TO PROPERTY 

Hammurabi's laws regarding reparation for damage or loss of property 
reveal the stern paternal ruler (cf . for the corresponding Hebrew laws § 25) : 

§ 229. If a builder has built a house for a man, and has not made his work 
sound, and the house he built has fallen, and caused the death of its owner, 
that builder shall be put to death. 

§ 230. If it is the owner's son that is killed, the builder's son shall be put 
to death. 

§ 231. If it is the slave of the owner that is killed, the builder shall give 
slave for slave to the owner of the house. 

§ 232. If he has caused the loss of goods, he shall render back whatever 
he has destroyed. Moreover, because he did not make sound the house 
he built, and it fell, at his own cost he shall rebuild the house that fell. 

§ 233. If a builder has built a house for a man, and has not jointed his 
work, and the wall has fallen, that builder shall make that wall firm at his 
own expense. 

§ 235. If a boatman has built a boat for a man, and has not made his work 
sound, and in that same year that boat is sent on a voyage and suffers damage, 
the boatman shall rebuild that boat, and, at his own expense, shall make it 
strong, or shall give a strong boat to the owner. 

§ 236. If a man has let his boat to a boatman, and the boatman has been 
careless and the boat has been sunk or lost, the boatman shall restore a boat 
to the owner. 

§ 237. If a man has hired a boat and boatman, and loaded it with corn, 
wool, oil, or dates, or whatever it be, and the boatman has been careless, 
and sunk the boat, or lost what is in it, the boatman shall restore the boat 
which he sank, and whatever he lost that was in it. 

292 



HAMMURABI'S LAWS OF INHERITANCE 

V 
HAMMURABI'S LAWS OF INHERITANCE 

The Babylonian laws regarding inheritance concede many rights to 
women, although they carefully preserve within each family the title to its 
hereditary possessions. The laws of Hammurabi present suggestive parallels 
to and variations from the Old Testament usages : 

§ 150. If a man has presented field, garden, house, or goods to his wife, 
has granted her 'a deed of gift, her children, after her husband's death, shall 
not dispute her right; the mother shall leave it after her death to that one of 
her children whom she loves best. She shall not leave it to her kindred. 

§ 162. If a man has married a wife, and she has borne him children, and 
that woman has gone to her fate, her father shall lay no claim to her marriage- 
portion. Her marriage-portion is her children's only. 

§ 163. If a man has married a wife, and she has not borne him children, 
and that woman has gone to her fate; if his father-in-law has returned to 
him the bride-price, which that man brought into the house of his father- 
in-law, her husband shall have no claim on the marriage-portion of that 
woman. Her marriage-portion indeed belongs to her father's house. 

§ 164. If the father-in-law has not returned the bride-price, the husband 
shall deduct the amount of her bride-price from her marriage-portion, and 
shall return her marriage-portion to her father's house. 

§ 165. If a man has presented field, garden, or house to his son, the first 
in his eyes, and has written him a deed of gift; after the father has gone to 
his fate, when the brothers share, he shall keep the present his father gave 
him, and over and above shall share equally in the goods of his father's 
estate. 

§ 167. If a man has taken a wife, and she has borne him children and that 
woman has gone to her fate, and he has taken a second wife, and she also 
has borne children; after the father has gone to his fate, the sons shall not 
share according to mothers, but each family shall take the marriage-portion 
of its mother, and all shall share the goods of their father's estate equally. 

§ 168. If a man has determined to disinherit his son and has declared before 
the judge, " I cut off my son," the judge shall inquire into the son's past, 
and, if the son has not committed a grave misdemeanor such as should cut 
him off from sonship, the father shall disinherit his son. 

§ 170. If a man has had children borne to him by his wife, and also by a 
maid, if the father in his lifetime has said, " My sons," to the children whom 
his maid bore him, and has reckoned them with the sons of his wife; then 
after the father has gone to his fate, the children of the wife and of the maid 
shall share equally. The children of the wife shall apportion the shares and 
make their own selection. 

§ 171. And if the father, in his lifetime, has not said, " My sons," to the 
children whom the maid bore him, after the father has gone to his fate, the 
children of the maid shall not share with the children of the wife in the goods 

293 



HAMMURABI'S LAWS OF INHERITANCE 

of their father's house. The maid and her children, however, shall obtain 
their freedom. The children of the wife have no claim for service on the 
children of the maid. 

The wife shall take her marriage-portion, and any gift that her husband 
has given her and for which he has written a deed of gift and she shall dwell 
in her husband's house; as long as she lives, she shall enjoy it, she shall not 
sell it. After her death it is indeed her children's. 

§ 172. If her husband has not given her a gift, her marriage-portion shall 
be given her in full, and, from the goods of her husband's estate, she shall 
take a share equal to that of one son. 

If her children have persecuted her in order to have her leave the house, 
and the judge has inquired into her past, and laid the blame on the children, 
that woman shall not leave her husband's house. If that woman has de- 
termined to leave, she shall relinquish to her children the gift her husband 
gave her, she shall take the marriage-portion of her father's estate, and the 
husband of her choice may marry her. 

§ 173. If that woman, where she has gone, has borne children to her later 
husband, after that woman has died, the children of both marriages shall 
share her marriage-portion. 

§ 174. If she has not borne children to her later husband, the children of 
her first husband shall take her marriage-portion. 

§ 175. If either a slave of a patrician, or of a plebeian, has married the 
daughter of a free man, and she has borne children, the owner of the slave 
shall have no claim for service on the children of a free woman. And if a 
slave, either of a patrician or of a plebeian, has married a free woman and 
when he married her she entered the slave's house with a marriage-portion 
from her father's estate, be he slave of a patrician or of a plebeian, and from 
the time that they started to keep house, they have acquired property; after 
the slave, whether of a patrician or of a plebeian, has gone to his fate, the free 
woman shall take her marriage-portion, and whatever her husband and she 
acquired, since they started house-keeping. She shall divide it into two 
portions. The master of the slave shall take one half, the other half the free 
woman shall take for her children. 

§ 176. If the free woman had no marriage-portion, whatever her husband 
and she acquired since they started house-keeping, she shall divide into two 
portions. The owner of the slave shall take one half, the other half the free 
woman shall take for her children. 

§ 177. If a widow, whose children are young, has determined to marry 
again, she shall not marry without consent of the judge. When she is allowed 
to remarry, the judge shall inquire as to what remains of the property of her 
former husband, and shall intrust the property of her former husband to that 
woman and her second husband. He shall give them an inventory. They 
shall watch over the property, and bring up the children. Not a utensil 
shall they sell. A buyer of any utensil belonging to the widow's children 
shall lose his money and shall return the article to its owners. 

§ 178. If a female votary, or vowed woman, has had given her by her 
father a portion, as for marriage, and he has written her a deed, and in the 

294 



RIGHTS OF DAUGHTERS 

deed which he has written her he has not written that she may leave it as 
she pleases, and has not granted her all her desire, after her father has gone 
to his fate, her brothers shall take her field, or garden, and, according to the 
value of her share, shall give her corn, oil, and wool, and shall content her 
heart. If they do not give her corn, oil, and wool, according to the value of 
her share, and do not satisfy her, she shall let her field and garden to a farmer, 
whom she chooses, and the farmer shall support her. The field, garden, or 
whatever her father gave her, she shall enjoy, as long as she lives. She shall 
not sell it, nor mortgage it. The reversion of her inheritance indeed belongs 
to her brothers. 

§ 179. If a female votary, or vowed woman, has had a portion given her 
by her father, and he has written her a deed, and in the deed that he has written 
her has [declared] that she may give it as she pleases, and has granted her all 
her desire; after her father has gone to his fate, she shall leave it as she pleases; 
her brothers shall make no claim against her. 

§ 180. If the father has not given a portion to his daughter, who is a female 
votary, or vowed woman ; after her father has gone to his fate, she shall share 
in the property of her father's house, like any other child. As long as she 
lives, she shall enjoy her share; after her, it indeed belongs to her brothers. 

§ 181. If a father has vowed his daughter to a god, as a temple maid, or 
a virgin, and has given her no portion; after the father has gone to his fate, 
she shall share in the property of her father's estate, taking one-third of a 
child's share. She shall enjoy her share, as long as she lives. After her, 
it belongs to her brothers. 

§ 182. If a father has not given a portion, as for marriage, to his daughter, 
a votary of Marduk of Babylon, and has not written her a deed; after her 
father has gone to his fate, she shall share with her brothers from the goods of 
her father's estate, taking one-third of a child's share. She shall not be subject 
to duty. The votary of Marduk shall leave it after her to whom she pleases. 

§ 183. If a father has given a portion, as for marriage, to his daughter by 
a concubine, and has given her to a husband, and has written her a deed; 
after her father has gone to his fate, she shall not share in the goods of her 
father's house. 

§ 184. If a man has not given a portion, as for marriage, to his daughter 
by a concubine, and has not given her to a husband; after her father has gone 
to his fate, her brothers shall present her with a marriage-portion, according 
to the wealth of her father's estate, and shall give her to a husband. 

VI 
HAMMURABI'S LAWS REGARDING ASSAULT 

§ 196. If a man has knocked out the eye of a patrician, his eye shall be 
knocked out. 

§ 197. If he has broken the limb of a patrician, his limb shall be broken. 

§ 198. If he has knocked out the eye of a plebeian or has broken the limb 
of a plebeian, he shall pay one mina of silver. 

295 



HAMMURABI'S LAWS REGARDING ASSAULT 

§ 199. If he has knocked out the eye of a patrician's servant, or broken 
the limb of a patrician's servant, he shall pay half his price. 

§ 200. If a patrician has knocked out the tooth of a man that is his equal, 
his tooth shall be knocked out. 

§ 201. If he has knocked out the tooth of a plebeian, he shall pay one-third 
of a mina of silver. 

§ 202. If a man has smitten the privates of a man, higher in rank than he, 
he shall be scourged with sixty blows of an ox-hide scourge, in the assembly. 

§ 203. If a man has smitten the privates of a patrician, of his own rank, 
he shall pay one mina of silver. 

§ 204. If a plebeian has smitten the privates of a plebeian, he shall pay ten 
shekels of silver. 

§ 205. If the slave of anyone has smitten the privates of a free-born man, 
his ear shall be cut off. 

§ 206. If a man has struck another in a quarrel, and caused him a perma- 
nent injury, that man shall swear, " I struck him without malice," and shall 
pay the doctor. 

§ 207. If he has died of his blows, [the man] shall swear [similarly], and 
pay one-half a mina of silver; or, 

§ 208. If [the deceased] was a plebeian, he shall pay one-third of a mina of 
silver. 

§ 209. If a man has struck a free woman with child, and has caused her 
to miscarry, he shall pay ten shekels for her miscarriage. 

§ 210. If that woman die, his daughter shall be killed. 

§ 211. If it be the daughter of a plebeian, that has miscarried through his 
blows, he shall pay five shekels of silver. 

§ 212. If that woman die, he shall pay half a mina of silver. 

§ 213. If he has struck a man's maid and caused her to miscarry, he shall 
pay two shekels of silver. 

§ 214. If that woman die, he shall pay one-third of a mina of silver. 

VII 
HAMMURABI'S PENALTIES FOR THEFT 

The following are the more important laws in the Code of Hammurabi 
concerning robbery : 

§ 6. If a man has stolen goods from a temple, or house, he shall be put to 
death; and he that has received the stolen property from him shall be put 
to death. 

§ 7. If a man has bought or received on deposit from a minor or a slave, 
either silver, gold, male or female slave, ox, ass, or sheep, or anything else, 
except by consent of elders, or power of attorney, he shall be put to death 
for theft. 

§ 8. If a patrician has stolen ox, sheep, ass, pig, or ship, whether from a 
temple, or a house, he shall pay thirtyfold. If he be a plebeian, he shall 
return tenfold. If the thief cannot pay, he shall be put to death. 

296 



PENALTIES FOR THEFT 

§ 9. If a man has lost property and some of it be detected in the possession 
of another, and the holder has said, "A man sold it to me, I bought it in the 
presence of witnesses "; and if the claimant has said, " I can bring witnesses 
who know it to be property lost by me "; then the alleged buyer on his part 
shall produce the man who sold it to him and the witnesses before whom he 
bought it; the claimant shall on his part produce the witnesses who know it 
to be his lost property. The judge shall examine their pleas. The wit- 
nesses to the sale and the witnesses who identify the lost property shall state 
on oath what they know. Such a seller is the thief and shall be put to death. 
The owner of the lost property shall recover his lost property. The buyer 
shall recoup himself from the seller's estate. 

§ 10. If the alleged buyer on his part has not produced the seller or the 
witnesses before whom the sale took place, but the owner of the lost property 
on his part has produced the witnesses who identify it as his, then the [pre- 
tended] buyer is the thief; he shall be put to death. The owner of the lost 
property shall take his lost property. 

§11. If, on the other hand, the claimant of the lost property has not 
brought the witnesses that know his lost property, he has been guilty of slander, 
he has stirred up strife, he shall be put to death. 

§ 12. If the seller has in the meantime died, the buyer shall take from his 
estate fivefold the value sued for. 

§ 21. If a man has broken into a house he shall be killed before the breach 
and buried there. 

§ 22. If a man has committed highway robbery and has been caught, that 
man shall be put to death. 

§ 23. If the highwayman has not been caught, the man that has been 
robbed shall state on oath what he has lost and the city or district governor 
in whose territory or district the robbery took place shall restore to him what 
he has lost. 

§ 24. If a life [has been lost], the city or district governor shall pay one 
mina of silver to the deceased's relatives. 

§ 25. If a fire has broken out in a man's house and one who has come to 
put it out has coveted the property of the householder and appropriated 
any of it, that man shall be cast into the self -same fire. 



VIII 
THE MARSEILLES SACRIFICIAL TABLET 

Near the ruins of ancient Carthage a Phoenician inscription has been found 
which throws much light upon the old Canaanitish sacrificial customs. Al- 
though it cannot be dated earlier than the fourth or fifth century before 
the Christian era, it doubtless faithfully reflects much earlier institutions. 
In general the same sacrificial terms are used and the same laws prevail as 
among the Hebrews during the same period. Unfortunately the tablet, 
which is now at Marseilles, has been broken in many places and the meaning 

297 



THE MARSEILLES SACRIFICIAL TABLET 

of several of the terms used is still doubtful. By the aid of parallels and the 
implications of the context the text may, however, be tentatively restored 
as follows : 

temple of Baal[ ]. Tariff of dues, set up by the superintendents of 
the dues in the time of [ ]baal the governor*, son of Bodtanit, son of 
Bodeshmun, and of Halazbaal, the governor, son of Bodeshmun, son of 
Halazbaal and their colleagues. 

3 For an ox, whether it be a whole-offering, or a prayer-offering, or a whole 
thank-offering, the priests shall have ten shekels of silver for each; and if it 
be a whole-offering, they shall have, besides this payment, three hundred 
shekels of flesh; and if it be a prayer-offering, the . . . and the . . . ; but 
the skin, and the . . . , and the feet, and the rest of the flesh, shall belong to 
the person offering the sacrifice. 

5 For a calf whose horns are imperfect . . . , or for a hart, whether it be 
a whole-offering, or a prayer-offering, or a whole thank-offering, the priests 
shall have five shekels of silver for each; and if it be a whole-offering, they 
shall have, besides this payment, one hundred and fifty shekels of flesh; and 
if it be a prayer-offering, the . . . and the . . . ; but the skin, and the 
. . . , and the feet, and the rest of the flesh, shall belong to the person offering 
the sacrifice. 

7 For a ram, or for a goat, whether it be a whole-offering, or a prayer- 
offering, or a whole thank-offering, the priests shall have one shekel, and 
two zars, of silver for each; and if it be a prayer-offering, they shall have, 
besides this payment, the . . . , and the . . . ; but the skin, and the . . . , 
and the feet, and the rest of the flesh, shall belong to the person offering the 
sacrifice. 

9 For a lamb, or for a kid, or for the young of a hart, whether it be a whole- 
offering, or a prayer-offering, or a whole thank-offering, the priests shall 
have three-fourths of a shekel, and two zars of silver for each; and if it be 
a prayer-offering, they shall have, besides this payment, the . . . , and the 
. . . ; but the skin, and the . . . , and the feet, and the rest of the flesh, 
shall belong to the person offering the sacrifice. 

n For a bird, whether domestic or wild, whether it be a whole thank- 
offering, or a . . . , or a . . . , the priests shall have three-fourths of a 
shekel, and two zars of silver for each; but the flesh shall belong to the person 
offering the sacrifice. 

12 For a bird, or sacred firstfruits, or a sacrifice of game, or a sacrifice of 
oil, the priests shall have ten gerahs for each. 

13 In every prayer-offering, which is presented before the gods, the priests 
shall have the . . . , and the ... in the prayer-offering. 

14 For a cake, and for milk, and for fat, and for every sacrifice which a 
man may offer as a cereal-offering, the priests shall have . . . 

15 For every sacrifice which a poor man may offer in cattle or birds, the 
priests shall have nothing. 

16 Every . . . , and every . . . , and every . . . , and all men who may 

•Lit., suffele, or, judge, i. e., the chief ruler of Carthage. 

298 



TABLES OF WEIGHTS AND MEASURES 

sacrifice, 17 these men shall give as payment for each sacrifice, according 
as is prescribed in the regulations . . . 

18 Every due which is not prescribed in this table shall be made according 
to the regulations which were drawn up by the superintendents of the dues 
in the time of [ ]baal son of Bodtanit, 19 and Halazbaal son of Bodesh- 
mun, and their colleagues. 

20 Every priest who may accept a due other than that which is prescribed 
in this table, shall be fined . . . 



IX 

TABLES OF WEIGHTS AND MEASURES 

These tables will give the approximate equivalents of the weights and 
measures employed in this volume. The following weights are computed 
according to the Troy standard : 



Babylonian 
heavy light 

Shekel 7oz. .35 oz. 

Mina 3.5 lbs. 1.75 lbs. 

Talent 210.4 " 105.19 " 



Phoenician 



HEAVY 

.47 oz. 
2.33 lbs. 
140.25 " 



LIGHT 

.23 oz. 
1.17 lbs. 
70.12 " 



Dry and Liquid Measures 

litres gallons 

Log 50 .11 

Cab 2.02 .44 

Omer 3.63 .80 

Sacred Hin 4.54 1.00 

Hin 6.06 1.33 

Great Hin 9.09 2.00 

Seah 12.12 2.67 

Bath 36.37 8.00 

Homer 363.70 80.05 



Linear Measures 

Longer System 

metres inches 

Finger's breadth 022 .86 

Palm 087 3.44 

Span 262 10.33 

Cubit 525 20.67 

299 



Shorte 


r System 


metres 


inches 


.019 


.74 


.075 


2.95 


.225 


8.86 


.450 


17.72 



THE POST-EXILIC SACRED CALENDAR 



THE POST-EXILIC SACRED CALENDAR 

The following table will indicate in outline the dates and history of the 
more important feasts and fasts of later Judaism : 

Sabbatical Feasts and Sacred Years 

References Outside the Legal Books 

I Sam. 20 5 ' 6 , II Kgs. 4 23 , 115-7, Neh. 8 9 " 13 , 10 31 1315-22 
Is. 56 2 "6, 58 12 , Jer. 17 2 <>- 2 7, Ezek 20 i 2 -i6, Hc-s. 2 13> 
Am. 85, Mt. 12 9 " 13 , Mk. 3 x -5, Lu. 6 6 " 10 , 13 10 " 1 ?' 
Jn. 5 1 " 16 , 9 14 "!6 

I Sam. 20 5 , P s . 81 3 > 4 , Is. I 13 - 14 , Am. 8 5 , 1 Mac. 10 34 

Jer. 34, II Chr. 36 21 , Neh. 10 31 , I Mac. 6 53 

Is. 61 1 - 2, 63 4 , Lk. 4 18 - 21 



Sabbath 



New Moon 
Sabbatical Year 
Year of Jubilee 



Feast of Pass- 
over 

Feast of Wood 
Offering 

Feast of Un- 
leavened Bread 

Feast of Weeks 
or Pentecost 



New Year's Day 
or Feast of 
Trumpets 

Day of Atone- 
ment 

Feast of Taber- 
nacles 



The Annual Feasts and Fasts 



Pre-exilic Date 

In first month 
(March-April) 



Seven days in first 
month 

Seven weeks after 
the beginning of 
grain harvest 



Seven days at the 
end of the year, 
when all the 
fruits had been 
harvested 



Post-exilic Date 

Fourteenth day of 
first month 
(March-April) 

Fifteenth of first 
month 

Fifteenth to twen- 
ty-second of first 
month 

Fifty days after 
passover; about 
the eighth of 
third month 
(early in June) 

First day of seventh 
month (Sept.- 
Oct.) 

Seventh day of 
seventh month 

Fifteenth to 
twenty- second 
of seventh month 
(Sept.-Oct.) 



Important Refer- 
ences Outside the 
Legal Books 
Josh. 5™, II Chr. 
30, 35, Ezra 6 19 , 
Mt.26 2 ,Actsl2 4 
Jos. BJ II, 17 6 

Josh. 5 11 , II Chr. 
35^, Ezra 6 22 

II Mac. 12 32 , Acts 
2 1 , 20 16 , I Cor. 
168 



Neh. 8 9 - 10 



Ben S. 505- 2 i, Acts 

27 9 , Heb. 2 18 , 
414-16 51-10 

I Kgs. 8 2 , 12 32 , II 
Chr. 5 3 ,7 8 , Ezra 
3 4 , 8 14 -!7, Zech. 
M 1 ^ 9 , J n . 7 1 - 
10 2 i 



300 



THE ANNUAL FEASTS AND FASTS 



Feast of Dedica- 
tion or Lights 



Nicanor's Day 
(later Fast of 
Esther) 

Feast of Purim 




Post-exilic Date 

Eight days, be- 
ginning the 
twenty-fifth day 
of ninth month 
(Nov.-Dec.) 

Thirteenth of 
twelfth month 
(Feb.-March) 

Fourteenth and 
fifteenth of 
twelfth month 



Important Refer- 
ences Outside the 
Legal Books 
I Mac. 4 5659 , II 
Mac. 10 6 " 8 , Jos. 
Ant. XII, 7 7 



I Mac. 7 49 , II 
Mac. 15 36 

II Mac. 15 36 



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